Five Towns Neurology PLLC a/o Clapman v. Travelers Insurance Company
May 08, 2008OUTCOME: Trial verdict for plaintiff
After trial decision for plaintiff.
Great Neck, NY
Health care Lawyer at Great Neck, NY
Practice Areas: Health Care, Litigation
OUTCOME: Trial verdict for plaintiff
After trial decision for plaintiff.
OUTCOME: Plaintiff's motion for summary judgment granted
On motion plaintiff granted summay judgment.
OUTCOME: SJ granted for Plaintiff
Plaintiff has established its prima facie case in this matter through its affidavits of mailing and that the claims have not been paid. Additionally, plaintiff has established the documents as business ... records. Defendant has not offered any denial of claim frm into evidence in opposition to plaintiff's motion for summary judgment. As such, plaintiff's motion is granted. Plaintiff may entered judgment.
OUTCOME: Verdict for Plaintiff
After trial judgment for Plaintiff in the sum of $912 (L-spine MRI).
OUTCOME: Decision for Plaintiff
Plaintiff's motion for summary judgment granted and defendant's cross motion for summary judgment denied. Plaintiff has established its prima faciue case. Furthermore, Plaintiff has sufficiently respon ... ded to all verification requests issued by defendant. The defendant failed to issue a deniual of claim form,. Judgment for plaintiff.
OUTCOME: Motion granted for Plaintiff
Plaintiff's motion granted and defendant's cross motion denied. Defendant alleges that a letter requesting verification remains outstanding. However, plaintiff's contention is that it did comply with t ... he verififcation reqeuest and produced an affidavit from (name omitted) attesting to same. The court is directed to enter judgment for plaintiff in the amount of $1765.44 plus statutory interest, attorneys fees, costs and disbursements.
OUTCOME: Plaintiff's trial verdict
A trial was conducted to detrmine the medical necessity of the services performed by the plaintiff on the defendant's insured following an automobile accident. The court concludes that the defendant fi ... aled to meet its burden of demonstrating that the MRI studies of the cervical and lumbar spine were not medically necessary. Accordingly, plaintiff is entitled to judgment.
OUTCOME: Directed Verdict for Plaintiff
At trial, the burden of proof shifts to defendant to prove its affirmative defense of lack of medical necessity; defendant's sole witness was unable to testify as to the lack of medical necessity for t ... he physical therapy as to the patient's orthopaedic medical services of the knee and foot. Directed verdict for Plaintiff.
OUTCOME: Directed Verdict for Plaintiff
Defendant failed to sustain its burden to show that valid and timely IME (independant medical examination) requests were made to the assignor in that no testimony was given by anyone with personal know ... legde of the mailing of any letters nor was any testimony given by anyone with supervisory/personal knowledge of the mailing room procedure or operations. The only testimony given of an employee of the IME scheduling company was insufficient to sustain defendant's proof. Directed verdict for Plaintiff.
OUTCOME: Trial Verdict for Plaintiff
After trial Judgment for plaintiff in the sum of $879.73 (cervical spine MRI) + applicable interest, costs and attorneys fees.