Judge Won’t Toss Lawsuit Filed By Family of Florida Publix Employee Who Died of COVID-19

Attorney George F. Indest IIIBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On February 5, 2021, a judge in Florida refused to dismiss a lawsuit filed by the family of a Publix Super Markets deli worker who died after allegedly catching COVID-19 from a coworker. Judge Carlos Lopez announced that he would not dismiss the lawsuit filed by Gerardo Gutierrez’s family, who died on April 28, 2020, from complications caused by coronavirus. The suit was filed in the Florida Circuit Court for the Eleventh Judicial Circuit of Miami-Dade County, Florida, in November 2020.

Publix Accused of Failing Its Workers & the Miami Beach Community.

The suit alleged that on March 27 and 28, 2020, 70-year-old deli worker Gerardo “Gerry” […]

By |2024-03-14T09:59:40-04:00May 14, 2021|Categories: Nursing Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Judge Won’t Toss Lawsuit Filed By Family of Florida Publix Employee Who Died of COVID-19
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Judge Sides With AdventHealth, Allows Fraud Claims Over $57.5 Million PPE Deal to Move Forward

Headshot of attorney George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On February 23, 2021, a federal court in Orlando, Florida, ruled that Adventist Health System Sunbelt (now known as AdventHealth, and which owns Florida Hospital, among others) could pursue claims it has over a bad $57.5 million deal to buy personal protective equipment (PPE). The defendants whom the hospital system is suing include Tomax Capital Management, Inc. (“Tomax”), a California corporation; a California attorney and his law firm; and others.

U.S. District Judge Paul G. Byron said the hospital system provided sufficient evidence that Tomax failed to deliver the promised PPE and then conspired to keep the $2 million which was not returned.

[…]

By |2024-03-14T09:59:40-04:00May 7, 2021|Categories: Nursing Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , |Comments Off on Judge Sides With AdventHealth, Allows Fraud Claims Over $57.5 Million PPE Deal to Move Forward
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Florida Court Agrees With University of Miami, Tosses Medical Malpractice Suit

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On October 28, 2020, a Florida appeals court tossed out a medical malpractice suit accusing a University of Miami doctor of providing negligent treatment at a public teaching hospital. A panel of the Florida Third District Court of Appeal upheld a circuit judge’s ruling that the university is protected by sovereign immunity when faculty members provide care at Jackson Memorial Hospital, a teaching hospital.


Background of the Suit.

The ruling arose out of a case in which a University of Miami physician provided treatment in 2013 to a patient at Jackson Memorial. A medical malpractice lawsuit was filed against parties including Jackson […]

By |2024-03-14T09:59:41-04:00April 29, 2021|Categories: Pharmacy Law Blog|Tags: , , , , , , , , , , , , , , , , |Comments Off on Florida Court Agrees With University of Miami, Tosses Medical Malpractice Suit
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Florida Judge Won’t Toss Lawsuit Filed By Family of Publix Employee Who Died of Coronavirus

Attorney George F. Indest IIIBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On February 5, 2021, a judge in Florida refused to dismiss a lawsuit filed by the family of a Publix Super Markets deli worker who died after allegedly catching COVID-19 from a coworker. Judge Carlos Lopez announced that he would not dismiss the lawsuit filed by Gerardo Gutierrez’s family, who died on April 28, 2020, from complications caused by coronavirus. The suit was filed in the Florida Circuit Court for the Eleventh Judicial Circuit of Miami-Dade County, Florida, in November 2020.

Publix Accused of Failing Its Workers & the Miami Beach Community.

The suit alleged that on March 27 and 28, 2020, 70-year-old deli worker Gerardo “Gerry” Gutierrez worked at a Publix supermarket alongside a coworker who showed signs of COVID-19. Unfortunately, at that […]

By |2024-03-14T09:59:41-04:00April 23, 2021|Categories: In the News, Pharmacy Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Florida Judge Won’t Toss Lawsuit Filed By Family of Publix Employee Who Died of Coronavirus
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Florida Judge Sides With AdventHealth, Allows Fraud Claims Over Soured Multi-Million Dollar PPE Deal to Move Forward

Headshot of attorney George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On February 23, 2021, a federal court in Orlando, Florida, ruled that Adventist Health System Sunbelt (now known as AdventHealth, and which owns Florida Hospital, among others) could pursue claims it has over a bad $57.5 million deal to buy personal protective equipment (PPE). The defendants whom the hospital system is suing include Tomax Capital Management, Inc. (“Tomax”), a California corporation; a California attorney and his law firm; and others.

U.S. District Judge Paul G. Byron said the hospital system provided sufficient evidence that Tomax failed to deliver the promised PPE and then conspired to keep the $2 million which was not returned.

[…]

By |2024-03-14T09:59:42-04:00April 16, 2021|Categories: Pharmacy Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , |Comments Off on Florida Judge Sides With AdventHealth, Allows Fraud Claims Over Soured Multi-Million Dollar PPE Deal to Move Forward
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Florida Court Sides With University of Miami, Says It’s Immune To Medical Malpractice Suit

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On October 28, 2020, a Florida appeals court tossed out a medical malpractice suit accusing a University of Miami doctor of providing negligent treatment at a public teaching hospital. A panel of the Florida Third District Court of Appeal upheld a circuit judge’s ruling that the university is protected by sovereign immunity when faculty members provide care at Jackson Memorial Hospital, a teaching hospital.


Background of the Suit.

The ruling arose out of a case in which a University of Miami physician provided treatment in 2013 to a patient at Jackson Memorial. A medical malpractice lawsuit was filed against parties including Jackson […]

By |2024-03-14T09:59:43-04:00April 9, 2021|Categories: Health Facilities Law Blog|Tags: , , , , , , , , , , , , , , , , |Comments Off on Florida Court Sides With University of Miami, Says It’s Immune To Medical Malpractice Suit
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Florida Judge Sides With AdventHealth, Allows Fraud Claims Over Multi-Million Dollar PPE Deal to Move Forward

Headshot of attorney George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On February 23, 2021, a federal court in Orlando, Florida, ruled that Adventist Health System Sunbelt (now known as AdventHealth, and which owns Florida Hospital, among others) could pursue claims it has over a bad $57.5 million deal to buy personal protective equipment (PPE). The defendants whom the hospital system is suing include Tomax Capital Management, Inc. (“Tomax”), a California corporation; a California attorney and his law firm; and others.

U.S. District Judge Paul G. Byron said the hospital system provided sufficient evidence that Tomax failed to deliver the promised PPE and then conspired to keep the $2 million which was not returned.

The PPE Contract.

According to […]

By |2024-03-14T09:59:45-04:00March 24, 2021|Categories: Health Facilities Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , |Comments Off on Florida Judge Sides With AdventHealth, Allows Fraud Claims Over Multi-Million Dollar PPE Deal to Move Forward
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Florida Court Sides With University of Miami, Says University Is Immune To Medical Malpractice Suit

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On October 28, 2020, a Florida appeals court tossed out a medical malpractice suit accusing a University of Miami doctor of providing negligent treatment at a public teaching hospital. A panel of the Florida Third District Court of Appeal upheld a circuit judge’s ruling that the university is protected by sovereign immunity when faculty members provide care at Jackson Memorial Hospital, a teaching hospital.


Background of the Suit.

The ruling arose out of a case in which a University of Miami physician provided treatment in 2013 to a patient at Jackson Memorial. A medical malpractice lawsuit was filed against parties including Jackson Memorial, the university, and […]

By |2024-03-14T09:59:48-04:00February 24, 2021|Categories: Medical Education Law Blog|Tags: , , , , , , , , , , , , , , , , |Comments Off on Florida Court Sides With University of Miami, Says University Is Immune To Medical Malpractice Suit
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Yale University to Pay $87,500 Settlement For Alleged Pay Discrimination

Attorney George F. Indest IIIBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Yale University agreed to pay $87,500 to resolve discrimination allegations with the U.S. Department of Labor. The discrimination alleged that the Ivy League school paid four women cardiologists significantly less than their male colleagues from October 2016 to September 2017. While not admitting the allegations, the university agreed to the settlement which will reportedly cover the difference in pay for the women affected, the Office of Federal Contract Compliance Programs (OFCCP) said.

Alleged Pay Discrimination.

The OFCCP first detected the pay disparities during a routine compliance audit of the university’s medical school, the agreement said. The agency found that in 2016, Yale University paid four female cardiologists less than similarly situated male physicians at the School of Medicine’s Cardiovascular […]

By |2024-03-14T09:59:50-04:00February 8, 2021|Categories: In the News, Nursing Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Yale University to Pay $87,500 Settlement For Alleged Pay Discrimination
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New Changes to HHS Regulatory Process: Secretary Must Sign All Agency Rulemaking

George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In a September 15, 2020 memorandum, the current Secretary of the U.S. Department of Health and Human Services (HHS), Alex Azar, barred the Food and Drug Administration (FDA) and other federal health agencies under his authority from independently enacting any new federal regulations. The memo establishes that the Secretary must sign all agency rulemaking. This new policy affects all rules coming from all HHS agencies and offices, the department said, including the FDA, Centers for Medicare & Medicaid Services (CMS), and Office for Civil Rights. It doesn’t apply to guidance documents, emergency use authorizations, or vaccine or drug approvals.

How long this policy stands after President-elect Biden is sworn in is anybody’s guess. It is my guess that it won’t last long.

Why Make the Changes?

According to […]

By |2024-03-14T09:59:50-04:00February 1, 2021|Categories: Pharmacy Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on New Changes to HHS Regulatory Process: Secretary Must Sign All Agency Rulemaking
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