Joseph Murasko, Esq. (Palm Beach, FL) (PIP) obtained a defense verdict in the case styled
Accident Recovery Centers, Inc. v. State Farm Mutual Auto Ins. Co.
This was an action for No-Fault benefits and involved IME/record review denial for all dates of service from a Chiropractic Clinic’s treatment to a six year old female. There were allegations and evidence admitted over objection that the entire family was solicited in person to treat at the Plaintiff chiropractic clinic. The patient’s mother did not comply with the trial subpoena and defense counsel presented portions of her deposition testimony to the jury. The jury verdict form included 4 yes or no, fact-centered questions:
- Was the patient involved in an automobile accident?
- Were the services provided by Plaintiff to patient related to the automobile accident?
- Were the services provided by the Plaintiff for the dates of service medically necessary?
- Were the charges for the dates services reasonable?
These were all or nothing” questions as a jury award for even one bill would have exposed the carrier to attorney’s fees. The jury answered the first question in the affirmative; then they answered No” to the other 3 questions. Shortly after the trial the plaintiff voluntarily dismissed the companion suits for the other family member patients.
Coincidentally, several persons affiliated with the clinic and the attorney for the patient(s) were arrested approximately one month after the trial. The arrests were unrelated to this specific set of cases however, the fact pattern appears similar. The Florida CFO Press Release concerning the arrests can be viewed here:
http://www.myfloridacfo.com/sitePages/newsroom/pressRelease.aspx?id=4365