Texas Medical Board, Board of Nursing, Pharmacy, and Insurance, BOLE, CFLD, adm. hearings
Nov 17, 2021
OUTCOME: 99% a win for my client
Over the last 25 years, I have moved my practice to representing professionals who have licensing issues before Texas Administrative Agencies in Austin. If you look at my 200+ client reviews on this s...ite, you will see numerous cases before numerous agencies. Usually, my clients are into sex, drugs, alcohol, or Rock'n Roll or all four. With polygraphs, expert forensic psychologists, numerous support letters, and preping for hearings, we are very successful in what we do
Administrative law
Commission for Lawyer Discipline vs. Local Attorney
Jan 25, 2012
OUTCOME: The Commission for Lawyer Discipline's Petition was denied. Please see Judge Sandill's Findings of Fact and Conclusions of Law on http://www.linkedin.com/in/bennettlawfirm under SlideShare Presentations.
The Commission for Lawyer Discipline was attempting to have Client"s bar license suspended during in connection with a pending criminal case in Harris County, Texas.
Health care
United States of America & The St. of Tx., Ex Rel. Bernhard Wolf, M.D. Rachel Sonnier, Et Al vs. Orange Pediatric, Felipe Sarda
The Federal Government alleged that Dr. Sarda overbilled for Synagis injections, the upcoding of office exams to include a URI diagnosis, biling for in-hospital treatment when the patient was not in th...e hospital, and other billings undocumented in the medical records. A review of the sole source records for Synagis purchases compared to the milligrams billed to Medicaid revealed that the over-billing for the Synagis injections is $368,906 over a three year period. A review of medical records for URI diagnosis suggests over-billing based on an erroneous URI diagnosis to be at least $100,000 but could be higher with more refined sampling. Although, further medical records analysis reveal other undocumented upcoding and false charges we have not determined a total amount.
Electronic Data Systems (EDS) the government contractor responsible for accepting billings/claims for Texas Medicaid and to conduct Medicaid fraud investigations, provided minimal information to educate physicians or their staff on how to bill for Synagis. There were no educational classes, trainers, or tutors for Orange Pediatric that EDS provided to show that they were billing incorrectly.
What is Synagis? It is a vaccine used to prevent serious lower respiatory tract disease caused by Respiratory Syncytial Virus (RSV) in pediatric patients at high risks for RSV disease. The vaccine is administered at 15mg per kg of body weight, once a month during expected periods of RSV prevalance on the community.
Synagis is covered by Medicaid and does not require prior authorization if: the patient is under two years of age at the first inject, with a chronic lung or respiratory condition (full term or premature); the patient was born prematurely (less than 28 weeks) and under the age of one at the first injection; or the patient was born prematurely (29 to 35 weeks) and is under the age of six mmonths at the time of first injection. Prior authorization is required for patients who do not meet the above criteria, but are at risk for RSV.
RSV-IgIM must be billed per milligram and RSV-IgIV must be billed per 50 mg vial; limit 4 units per day. Providers must indicate the name of the medication and the dosage when submitting bills. RSV prophylaxis is given monthly during the RSV season. In Texas, the RSV season is considered October through April. (TDH Children with Special Health Care Needs Providers Bulletins November 2003 and February 2005).
Dr. Sarda, cooperated with investigators and prosecutors. Dr. Sarda acknowledged the possibility of inadvertent provable wrong doing. Dr. Sarda has implemented a compliance program that will ensure proper billing practice. There will also be independent medical audits.
Defective and dangerous products
Hipolito Sanchez v. Amercian Hondo Motor Company
Feb 17, 1997
OUTCOME: $30 million-settled for $1,000,000.00 client: 40%
Pls. brought suit in the 197th State District Court in Cameron County, Texas. cause # 95-05-2657-C and commenced the trial on Feb. 17 of 1997. The C/A included neg./Products Liability/ and Gross Neglig...ence. The Child was 10 at the time of his death and was riding alone on a country road near Matamoros, Mexico. He was riding a Honda three-wheel all terrain vehicle model 1982 200E ( known as the Big Red and had a history of deaths and injuries associated with it's operation). The death happend on Feb. 19, 1995. It was shown that the death occured at a speed below 20 mph with a loss of control and the vehicle turing over causing head and neck injury.
Pls. alleged that failure to warn of dangers, design defects, and defective marketing were producing causes of the minor's death.Plts introduced into evidence the fact that in January of 1988, Hondo issued their own ATV (three-wheeler) that states: "The Consuner Product Safety Commission has concluded that atvs may present a risk of death or sever injury in certain circumstances." Also presented to the jury were statistics that from 1981 through the end of 1990,there had been a total of 529,000 injuries associated with three-wheelers serious enough to require emergency room treatment. And 1,797deaths were reported from 1982 and 1990. Design defects shown were:solid rear axle(no differential);dangerous high center of gravity;too large ballon-like tires; and overall three wheel design was defective. Honda argued that Sanchez death due to his own negligence in failing to control speed, failing to wear a helmet, and failing to properly inflate the tires.Hondo also chose to blame the parents for allowing the child (12 years of age) to ride with out a helmet and with over inflated tires. Pl. family had the vehicle for over a year and a half prior to the death
In additon to finding that the 3-wheeler had design and marketing defects, the jury found that Honda and the parents were 331/3 negligent. The mother was awarded $15 million for mental anguish, and loss of compaionship and society, and the father was awarded the same for a total of $30 million.
The trial lasted for ten days: nine days of testimony and argument with one day for deliberations.
There were two theories of recovery, both based on the comparative negligence finding: 1. award reduce to $10 million and no award on punitive because of the percentage of Honda's negligence.
Pretrial demand: $925,000. Pretrial offer: $150,000.00
Sidelights: Punitive was not submitted due to lack of evidence; Court struck pleadings against individual dealer and dealership due to action of Plaintiff counsel ( Bob Bennett not involed in this action and was not present for sanction hearing); At the time this was belived to be the largest verdict against Honda in Texas and one of the largest in the United States for a three-wheeled ATC; Attorney Bob Bennett was lead plaintif counsel in a $10.3 million dollar verdict in Hidelago County in 1995:Barrera v. Honda.
Case was settled on appeal with confidentiality agreement. Costs ran to $100,000.00 + $1 million to Client and approximately $80,000.00 paid to Attorney Bennett for work done at trial.
Bob Hilliard of Corpus was lead counsel with Bob Bennett taking active role as Second chair ;made opening statement and presented several witnesses.
Defective and dangerous products
Alfredo Barrera et al vs. Honda Motor Co., Ltd., et al
May 08, 1995
OUTCOME: $3.1M awarded to Plaintiff and $750,000 loss earnings
Products/neg. Gross Neg - Alfredo Barrera, 17, was riding a Honda "3 Wheeler" on 02-17-91 with Arturo Guerra, Jr., 15 a passenger. They were riding down a ranch road at about 20mph and attempted to neg...otiate a modest turn but the vehicle "plowed" and continued straight and over a 13' enbankment. Alleged defects:
Solid rear axle (no differential), high center of gravity, large, balloon like-tires, in order to ensure safe turns, rider has to constantly shift his body in a radical manner and where the slightest error in judgment can cause an accident at any speed. Defendants contended Barrera failed to: control speed, wear a helmet,maintain brakes, read the owner's manual, and ride at a reasonable speed. Also claimed both Plts neg. for riding double. Plts countered that it wasn't their bike. Both sides called former officials of the Consumer Product Safety Commission (CPSC) to testify as to safety issues including an investigation leading to a consent decree whereby Japanese manufacturers agreed to no longer sell 3-wheelers in the U.S. Documentation indicated those 3-wheelers remaining in stock were distributed to other countries. Acenio & Belen Barrera are Alfredo's parents.
Arturo Guerra, Sr. is Arturo, Jr's father. Sidelight - Plt. witness Minton rode the 1st Honda 3-wheeler imported into the U.S. (1970). The alleged injuires: Barrera spinal cord injury at T12,L1 with incomplete paraplegia from the waist down, sexually dysfunctional. $3.1M past and fut. medical., $750,000 loss of earning capacity. Guerra - compression fx of the C6 vertebra, fx of right fibula at the ankle, fx right big toe. $750 medical (treated in Mexico). Expert witnesses for plaintiff's were: Herbert Newbold engineer Lafayette, Co., re acc. recon/design, Ed Karnes, human factors eng., Denver, CO, re warnings, Charles Hawkins, PhD econ., Beaumont, Michael Chester former team rider for Honda, now a quadriplegic, San Marcos, CA, re maneuverability & handling problems with 3-wheelers, Alex Willingham, PM, San Antonio, treating phys., Joe Wiley Minto, former Honda employee, re design, Stuart Statler, former acting commissioner of the CPSC
The expert witnesses for defendant's were: Ed Martinez, PhD acc. recon., Texas A&M, Walter Reed, PhD acc. recon. & design, Austin, Alan Dorris, human factors eng., Atlanta, re warnings (depo), James Vinson, PhD econ., Austin, Ed Workman, voc. rehab, Santa Anna-Heights, CA, Richard Gross, attorney, Boston, exec. director of the CPSC before the investigation, Tracy Dickson, ex-team rider for Honda re maneuverability & handling of 3-wheeler, roger McCarthy, eng., Menlo Park, CA, comparative risk analysis, Yoshikazu Washizawa, Honda design eng., Japan
The verdict or disposition: Judge didn't allow warning defect issue. Jury found there was a design defect and Honda was 100% neg., but no gross neg.
Alfredo Barrera: 500,000 past phys. pain & mental ang.
1,500,000 fut. phys. pain & mental ang.
1,000,000 disfigurement
1,000,000 physical impairment
750,000 loss of earning capacity
3,111,000 medical
1,866,848,24 prejudgment interest
Arcenio Barrera:
200,000 loss of consortium
47,496.46 prejudgment interest
Belen Barrera:
200,000 loss of consortium
47,496.46 prejudgment interest
Arcenio & Belen Barrera:
2,500.00 loss of services
593.71 prejudgment interest
Arturo Guerra, Jr.:
2,500.00 pass phys. pain & mental ang.
110,000.00 fut. phys. pain & mental ang.
26,716.76 prejudgment interest
Arturo Guerra, Sr.
750.00 medical
178.11 prejudgment interest
10,366,0769.74 Total Damages.
11-1 ( 22 day trial)
Pre-trial demand: 8,500,000
Pre-trial offer: 850,000
Sidelight - jury awarded a total of 5M in punitive damages, but there was no gross neg. finding.
Client received approximately $1 million and attorneys fees around $400,000.00 - with Trial Attorney Bennett receiving around $75,000.00 after distribution to partners.
