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Henry Fenton and Nick Jurkowitz Successfully Represent Ophthalmologist in Medical Board Case

Henry Fenton and Nick Jurkowitz successfully represented a physician before the Medical Board of California in the dismissal of an Accusation without having to conduct a hearing. In the case, the Medical Board alleged that an ophthalmologist engaged in gross negligence with respect to her care and treatment of a pediatric patient. The issue was brought to the Medical Board’s attention by a competitor ophthalmologist, and the claims were specious at best. Af...

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Fenton Law Group Successfully Defends Client in Medical Board Matter

Henry Fenton and Summer Main recently obtained an outstanding result for the firm by successfully defending a physician client against claims of gross negligence, repeated acts of negligence, and abetting the unlicensed practice of medicine. According to the complaint, the client overprescribed controlled substances to a former patient turned employee through an electronic prescription system. The employee then proceeded to sell the prescribed drugs. As a result of Fenton Law Group’s representation, it was successfully established that the employee had effectively...

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Nicholas Jurkowitz and Alexandra de Rivera Win Dismissal of Qui Tam Complaint

Nick Jurkowitz and Alexandra de Rivera won dismissal of a qui tam complaint against a Southern California pharmacy. Qui tam relator alleged that the pharmacy had submitted false claims for reimbursement to Medicare. The court dismissed the complaint on the basis that relator’s allegations failed to state a False Claims Act violation....

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Nick Jurkowitz Wins Medical Board Matter for Physician Client

In an outstanding recent result for the firm, Nick Jurkowitz successfully defended a physician client against an accusation that he had recommended unnecessary surgical procedures to an elderly patient, who had come to him complaining of severe leg pain. According to the complaint, the firm’s physician client incorrectly diagnosed the patient with venous disease after reviewing results from an ultrasound, and proceeded to recommend a total of six unnecessary abalation surgeries to resolve the patient's leg issues. The patient then sought a second opinion from another physician, who disagr...

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Henry Fenton Successfully Helps Doctor Client Obtain Unrestricted Medical License

Henry Fenton recently assisted a doctor client in obtaining a California Medical License after years of retaliatory and unfair criticism threatened to ruin the doctor's career. During his residency, the doctor in training made a complaint about the quality of nursing at the hospital where he was completing his residency. His record was stellar up until he filed the complaint. After filing the complaint, the doctor was suddenly unfairly criticized, and subsequently ap...

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Fenton Law Group Successfully Opposes Penal Code section 23 Request

Fenton Law Group successfully opposed a Penal Code section 23 request made by the Dental Board of California before the San Diego Superior Court. The Board sought an order before the Court to restrict/suspend a practitioner’s dental license during the pendency of a criminal proceeding. Fenton Law Group successfully argued that such a restriction would be in contravention of state and federal due process requirements, as articulated in Naidu c. Superior Court (2018) 20 Cal.App.5th 300 and Gray v. Superior Court (2005) 125 Cal.App.4th 629, and the Boa...

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Nick Jurkowitz and Alexandra de Rivera Successfully Contest California Pharmacy Board Order

Nick Jurkowitz and Alexandra de Rivera successfully filed a challenge to a California Board of Pharmacy action in the Los Angeles Superior Court on behalf of their pharmacist client. The pharmacist was previously unsuccessfully represented in a pharmacy board trial resulting in a decision revoking the pharmacist’s license and prohibiting him from working as a pharmacist 30 days after the result. In addition to challenging the overall findings, Nick ...

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Fenton Law Group Assists With Overpayment Demand

Fenton Law Group recently assisted a healthcare provider with an overpayment demand from a national health insurer pertaining to treatment rendered to its members. Fenton Law Group responded to the insurer’s demand, arguing that each of the disputed payments was properly made and that no overpayment occurred. Soon after Fenton Law Group’s involvement, the insurer resolved the overpayment issue and issued reimbursement to the provider in an amount greater than was originally paid....

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Fenton Law Group’s Victory in Grafilo v. Cohanshohet Certified for Publication

The State of California Court of Appeal’s recent opinion in Grafilo v. Cohanshohet has been certified for publication (click Download PDF). Fenton Law Group attorneys Ben FentonDennis Lee, and Alexandra de Rivera prevailed on behalf of a physician client against the Medical Board of California after the Board filed a petition for an order to obtain medical records o...

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Fenton Law Group Client Obtains California Clinical Laboratory License

Fenton Law Group recently successfully assisted a client in obtaining a California Clinical Laboratory License. The firm was able to navigate a complex application process and several initial license application issues to successfully appeal to the California Department of Public Health that the Fenton Law Group client was entitled to a license, which was granted....

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