Led by Healthcare Practice Group partners Mohamed H. Nabulsi, Michael S. Kivowitz and Todd M. Nosher, Mandelbaum Barrett PC secured a significant victory for a renowned spine surgeon and his practice (collectively, the “Client”) in the Supreme Court of New York, Kings County, this month. A law firm representing real estate developers and construction companies (collectively, the “Opposition”) facing workers’ compensation and New York General Business Law (“GBL”) claims by injured construction workers opportunistically brought our client into the lawsuit in an effort to mitigate their clients’ liability to the injured worker and separately subpoenaed our client in countless other cases handled by the Opposition.
In particular, the Opposition accused the Client of fraud and violations of the NY GBL by alleging, without factual support, that Client performed unnecessary medical procedures to inflate the value of his patient’s workers’ compensation and/or civil litigation claims. The Opposition utilized litigation tactics commonly employed by attorneys representing NY no-fault carriers against healthcare providers. The Opposition even attempted to pressure the Client into an early settlement by, inter alia, feeding allegations to the New York Post, which then published an article presenting the Client under an unfavorable light.
The Mandelbaum healthcare team quickly moved to dismiss all third-party complaints and to quash all subpoenas against the Client. Agreeing with the Mandelbaum healthcare team, the Court this week dismissed with prejudice the first of the third-party complaints, holding that “Defendants and their insurance carriers cannot establish an independent [third-party] claim for under New York common law,” “does not allege an independent tort to support a claim of civil conspiracy under New York common” law and that “defendants/third second-third party plaintiffs’ proof is speculative at best and patently devoid of merit.”
This comes just after two of the numerous subpoenas served upon the Client were quashed and protective orders granted in two separate cases in the Supreme Court of New York, New York County pursuant to motions filed by the Mandelbaum healthcare team. In those cases, the Opposition served subpoenas seeking document productions and testimony from the Client on the eve of the respective trials.
The cases were argued by Michael Kivowitz and briefing was led by Todd Nosher.
This marks a notable victory for the Client—and Mandelbaum Barrett PC’s healthcare clients generally—as these decisions can be cited by other healthcare practitioners facing similar claims of fraud in workers’ compensation cases for simply operating on their patients based on their independent medical judgment.
Mandelbaum Barrett PC’s Healthcare Practice Group has significant experience in handling complex healthcare litigation, including niche litigation against healthcare practitioners facing allegations of fraud and other related claims.
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.