Brockovich case tossed from federal court
Celebrity activist Erin Brockovich’s Medicare-billing lawsuit against Community Medical Centers was tossed out of federal court in Fresno this week by U.S. District Judge Lawrence J. O’Neill.
In the lawsuit filed with fanfare nine months ago and ostensibly “on behalf of the United States,” Brockovich alleged various medical errors at University Medical Center as grounds to recoup conditional Medicare payments under a federal statute.
But Judge O’Neill ruled that Brockovich has no legal standing to proceed with the claim.
The judge’s order, dated March 6, noted that Brockovich “does not allege that she was injured by Defendant’s conduct, that she ever received treatment at Defendant’s medical center, or even that she is a Medicare beneficiary or Medicare eligible.”
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| John Zelezny |
Brockovich and her lawyers apparently asserted patient injuries that were purely speculative, without evidence of any particular injury at any Community facility, in order to make a claim for recouped payments under the Medicare Secondary Payer Act.
John Zelezny, a spokesman for Community, said, “The lawsuit generated unwarranted, negative publicity against a fine hospital. But anyone could see the plaintiff and her attorneys actually knew nothing about us.”
This story was reported by the communications staff. The staff can be reached at MedWatchToday@communitymedical.org.