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Case ID: 4712 | Family | 03/20/2006
A lawsuit filed in Boone County Circuit Court claims that former oncologist James Hueser and 22 physicians shortchanged patients by administering diluted or tainted chemotherapy drugs and charging full price. The former oncologist recently surrendered his license and paid a $1 million fine stemming from accusations of Medicare fraud. The lawsuit seeks class action status and was filed on behalf of Ron Merchant. Hueser treated Merchant's wife, Artie Jean Merchant, who died in 2003 of non-Hodgkin's lymphoma, said an attorney handling the case.
In the class action lawsuit, any former patient who received treatment from any of the defendants and didn't get what he or she paid for can be part of the settlement or judgment. The lawsuit seeks compensatory damages for overbillings and punitive damages to "deter future wrongful conduct" by the defendants. The lawsuit also alleges fraud, breach of contract and civil conspiracy. The list of defendants includes an affiliated company, Medical Network Technologies LLC, and former associates of Hueser in the Boone Clinic medical partnership. The U.S. Department of Health and Human Services launched an investigation into Hueser's medical practice in late 2001 after nurses in Kirksville reported that opened vials of chemotherapy drugs were stored for later use, contrary to manufacturer directions and prescribing guidelines. Hueser, who was based at Boone Clinic, also practiced at Bothwell Regional Health Center in Sedalia and had "traveling oncology units" in Hermann, Hannibal and Kirksville, all located in Missouri. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Family Cases of Interest Several class actions have been filed against home-building company Ryland Group (NYSE: RYL) and certain of its officers and directors by stockholders who purchased the company's common stock between October 22, 2003, and January 7, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock. Heirs of Armenians killed 91 years ago in the Turkish Ottoman Empire sued Deutsche Bank A.G. and Dresdner Bank A.G. on January 13, 2006, claiming the German banks owe them millions of dollars and other assets deposited by their ancestors. Many single parents who work for a living struggle to make ends meet, due to circumstances completely beyond their control. A class action has been filed against Ron Ross, director of the Nebraska Department of Health and Human Services, on behalf of Nebraskans who are single parents and who were removed from Medicaid in 2002 during a special budget-cutting session of the Nebraska legislature, alleging that they were denied the Transitional Medical Assistance (TMA) allowed by federal law. A recent appeals court ruling has reinstated the parents' Medicaid payments until the resolution of the TMA issue. Beverly Enterprises Inc. played hardball in two Arkansas courthouses, withholding and losing patient records and other information. One judge has threatened jail time for the company’s chief executive, and another judge granted a default judgment against the company for operating a "shell game."
A class action has been filed against Alameda County, California, and its Social Services Agency on behalf of thousands of people who allege that they are illegally denied food stamps and general assistance each year because they are not identified as having mental disabilities, in violation of the federal Americans with Disabilities Act and state disability and welfare laws. Consumers Allege United Guaranty Residential Insurance Conceals Use of Derogatory Credit Information A national class action has been filed in Texas against insurance giant United Guaranty Residential Insurance Company on behalf of all consumers for whom United Guaranty issued a mortgage insurance policy at a disadvantageous rate due to derogatory information contained in a credit report, and who did not receive notice that derogatory information obtained from a credit report was used in setting the insurance premium. The insureds claim that United Guaranty uses credit reports to set premiums but does not provide any information to consumers when an adverse decision has been made against them based on that report. The insureds allege that this violates the federal fair credit reporting act and are seeking actual damages as well as statutory damages and declaratory relief.
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