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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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Fenton Law Group Successfully Represents Pharmacy in Medi-Cal Audit

Nick Jurkowitz and Alexandra de Rivera successfully represented a pharmacy in Medi-Cal recovery audit. The initial overpayment demand totaled nearly $2.3 million. After discovering flaws in the auditing methods, Mr. Jurkowitz and Ms. de Rivera engaged in negotiations, and Medi-Cal reduced the overpayment demand substantially. The matter was settled for less than two percent of the initial overpayment demand....

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Fenton Law Group Secures Victory for Physician in Suspension Case

Henry Fenton and Beth Kase successfully helped a physician client reverse a summary suspension from a hospital medical staff. The physician wrote to Beth: “You and Henry helped me significantly during that stressful period of time and I truly appreciate it. I have since started a private practice close to my home and it is growing.”...

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Fenton Law Group Successfully Represents Dentist in a Petition for Reinstatement

Benjamin Fenton and Alexandra de Rivera successfully represented a dentist in a Petition to Seek Reinstatement in the Medi-Cal Program. The Provider had been previously suspended for a prior conviction. After the Petition for Reinstatement and subsequent investigation, Medi-Cal approved the Provider’s readmission into the Medi-Cal Program. Fenton Law Group regularly represents providers in audits, investigation and reinstatement petitions to the Medi-Cal...

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Fenton Law Group Successfully Represents Physician Before Medical Board of California

Henry Fenton and Nick Jurkowitz successfully represented a pain management physician before the Medical Board of California, which sought to take away the physician’s license based upon allegations of overprescribing narcotics to 7 patients. The case concerned the pain management of complicated patients who had been treated for various forms of chronic and acute pain. The Medical Board identified many of the patients after conducting an investigation, which incl...

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Fenton Law Group Successfully Represents Cardiologist in Arbitration

Henry Fenton and Benjamin Fenton recently secured a major victory on behalf of their client Dr. David Porzio in an arbitration contending that the cardiologist was wrongfully terminated by the Southern California Permanente Medical Group (SCPMG). The recently confirmed award totaled almost $4.3 million. According to SCPMG, Dr. Porzio’s employment was terminated on an administrative basis. However, Fenton Law Group argued that in filing an 805 report, SCPM...

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Henry Fenton Argues Before California Supreme Court in Support of Patient Privacy Rights

On May 3, 2017, Henry Fenton argued before the California Supreme Court in the case of Lewis v. Medical Board of CA (S219811). Fenton Law Group represented Dr. Lewis against the Medical Board in a matter that culminated with Mr. Fenton’s oral argument on May 3 before the California Supreme Court. The issues in the case focus on (1) whether individuals have a protected privacy interest in their controlled substance prescription information and (2) whether a physician can assert those privacy interests on behalf of thei...

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Fenton Law Group Successfully Represents Neurosurgeon Before Court of Appeal

Henry Fenton, Nick Jurkowitz and Dennis Lee successfully represented neurosurgeon Sean Armin, M.D. in an appeal seeking damages for Dr. Armin under the hospital whistleblower statute and Unruh Civil Rights Act. Dr. Armin had previously filed a religious discrimination and wrongful discharge action against the hospital where he worked, and a Superior Court granted in part the hospital’s anti-SLAPP motion, and awarded attorney fees to the hospital. Dr. Armin appealed, and the Court of Appeal reversed the decision, denying both the motion to strike Dr. Armin’s section 1278.5 action and the...

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Fenton Law Group Successfully Represents Doctor in Medicare Suspension Case

Nick Jurkowitz successfully represented a doctor in an appeal of his revoked Medicare billing privileges.

The doctor was terminated from the New Jersey Medicaid program in April 2016, and his Medicare billing privileges were revoked under New Jersey’s 42 CFR 424.535(a)(12). His inability to bill Medicare patients was a severe hindrance to his practice. Nick Jurkowitz assisted the doctor in an appeal, and the revocation was rescinded. His Medicare billing privileges were reinstated retroactively to his termination date ...

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Fenton Law Group Obtains Acquittal For Pharmacy and Pharmacist

Henry Fenton and Herb Weinberg obtained an acquittal with respect to all criminal charges regarding Health & Safety Code §111440 - Misbranding Drug and Health & Safety Code §111295 – Adulterating Drug, on behalf of a pharmacy and the pharmacist in charge, brought by the Office of the California Attorney General

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