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Nick Jurkowitz Argues Case Before California Court of Appeals

On January 30, 2018, Nick Jurkowitz argued an important case of first impression before the California Court of Appeals 2nd District. The case involved a medical doctor, wrongly terminated from her residency program, who filed a lawsuit against the residency program and her program director alleging numerous violations, including violations of civil rights based upon violence and discrimination. The residency program moved to compel the action to arbitration, and the superior court granted the residency program’s petition for all causes of action, except two: the Ralph Civil Rights Act …

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Fenton Law Group Successfully Defends Pharmacy in Fraud Investigation

Henry Fenton, Alexandra de Rivera, Dennis Lee, and Herb Weinberg successfully represented INF Corporation, dba Star Pharmacy, in a fraud investigation in front of the California Department of Health Care Services (DHCS). The DHCS, after conducting its investigation and finding no fault, lifted INF’s temporary suspension.

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Alexander Kirkpatrick Successfully Reinstates Client in Medi-Cal Program

Alex Kirkpatrick has succeeded in obtaining reinstatement to the Medi-Cal program of a person who was suspended many years ago. The client, “JJ,” who owned a DME supply company, pleaded guilty to a single misdemeanor violation of Welfare & Institutions Code § 14107. Based on the conviction, she was excluded by the Medicare program and suspended by Medi-Cal in 1992.

JJ continued working under her married name in the healthcare field for another 23 years until her employer ascertained that she was the same person as one who had …

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Fenton Law Group Successfully Obtains Stay Order Preventing Pharmacy Suspension

Herb Weinberg and Randy Hsieh successfully obtained a Stay of Administrative Decision and Order on behalf of a pharmacy before the Superior Court of California on an ex parte basis.

In a matter before the Board of Pharmacy, a pharmacy was accused of Pharmacy Law violations. Following hearing, the Board issued a Decision and Order, finding that the pharmacy committed Category III violations, as defined in the Board’s Disciplinary Guidelines. The Board ordered the pharmacy’s license suspended for a period of 30 days.

Herb Weinberg and Randy Hsieh …

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Henry Fenton, Benjamin Fenton, Beth Kase and Alexander Kirkpatrick Named 2018 “Super Lawyers”

Henry Fenton, Benjamin Fenton, Beth Kase, and Alexander Kirkpatrick were named 2018 Southern California “Super Lawyers” in the area of Healthcare Law by Thomson Reuters.

“Super Lawyers” is a prominent rating service of lawyers from more than 70 practice areas that honors outstanding attorneys who attain a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations, resulting in a comprehensive list of the top 5% of attorneys in each state.

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Alexander Kirkpatrick Successfully Represents Physicians in Revocation Disputes with Centers for Medicare & Medicaid Services (CMS)

Alexander Kirkpatrick recently achieved two successful, and highly unusual, outcomes for two physicians whose Medicare billing privileges were revoked by the Centers for Medicare & Medicaid Services (CMS). Both cases involved the CMS revoking billing privileges for three years based on erroneous billing for medical services after a patient’s death. The errors stemmed from human data entry rather than fraud. In both cases, identifying information on a patient was mistyped by a billing company, resulting in a bill for the wrong patient. Though none of the billed claims were paid, …

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U.S. News & World Report Ranks Fenton Law Group as a “Best Law Firm”

Fenton Law Group has been named a 2018 “Best Law Firm” in the areas of Health Care Law and Administrative/Regulatory Law by the prestigious ranking guide U.S. News & World Report.

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

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Fenton Law Group Successfully Represents Primary Care Physician

Henry Fenton and Nick Jurkowitz successfully represented a primary care physician, Dr. Radha Menon, before the Medical Board of California. Dr. Menon was wrongly accused of repeated acts of negligence, the prescription of dangerous drugs without appropriate prior examination, as well as the excessive prescription of controlled substances. The trial resulted in dismissal of the Medical Board Accusation, along with several failed amended Accusations, after the Complainant failed to provide clear and convincing evidence of any wrongdoing.

Many of the accusations were based solely on the erroneous findings and faulty conclusions of another …

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Fenton Law Group Files U.S. Supreme Court Cert Petition in Dr. Alwin Carl Lewis Case

Fenton Law Group has filed a petition for writ of certiorari to the United States Supreme Court in Lewis v. The Superior Court of the State of California.

The issues in Lewis pertain to whether the Medical Board of California is permitted, pursuant to the federal Fourth Amendment, to conduct warrantless and unfettered searches of records of prescriptions for both controlled and noncontrolled substances, initiated by the state’s computerized Controlled Substance Utilization Review and Evaluation System (“CURES”) and followed up by general pharmacy audits, regardless of the nature of the patient complaint(s) involved.

During an investigation of a patient’s complaint regarding …

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Fenton Law Group Successfully Represents Pain Specialist

Henry Fenton and Nick Jurkowitz successfully represented a pain specialist before the Medical Board of California. The doctor’s quality of care was called into question, and he was accused of gross negligence, repeated negligent acts, and failure to maintain adequate and accurate records. The case revolved around the doctor’s prescription patterns, patient monitoring, and record-keeping. The case concluded in favor of the client, who accepted a stipulated settlement of public reprimand only for record keeping with no other discipline imposed.

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