The review, led by attorney Lisa Esser-Weidenfeller, focuses on reports that Wilmington subjected minor patients to medically unnecessary examinations and engaged in inappropriate contact during pediatric visits. According to law enforcement statements and publicly reported investigations, the Vancouver Police Department and the Clark County Sheriff’s Office have uncovered allegations of child molestation and the distribution of child sexual abuse material connected to Wilmington.

In civil court filings and other public records, former patients and families have alleged that complaints and warning signs involving Wilmington were ignored for years. The Sommers Schwartz investigation is examining not only the conduct attributed to Wilmington, but also whether any institutions responsible for supervising him fulfilled their legal obligations to protect patients from foreseeable harm.

“When abuse is alleged to have taken place in a medical setting, the inquiry cannot stop with the individual provider,” Esser-Weidenfeller said. “Hospitals and health systems have a duty to implement safeguards, respond to credible complaints and create an environment where children and families feel safe coming forward.”

Under Washington law and widely recognized standards of care, healthcare institutions may face civil liability if they fail to properly vet, monitor or respond to concerns about employees with access to vulnerable populations. Esser-Weidenfeller said the firm’s review includes evaluating whether any systemic failures may have enabled alleged misconduct to continue.

Esser-Weidenfeller has represented survivors in some of the nation’s most closely watched sexual abuse cases, including litigation involving former Michigan State University and USA Gymnastics physician Larry Nassar, and cases concerning the late University of Michigan physicians Robert Anderson and Matthew Weiss. Her work has centered on patterns of institutional inaction and coverups and the long-term impact of abuse on survivors.

“Survivors often describe not only the harm caused by an abuser, but also the deep sense of betrayal when institutions do not act on warning signs,” Esser-Weidenfeller said. “Part of our role is to examine carefully what was known, when it was known and what, if anything, was done in response.”

Esser-Weidenfeller emphasized that many survivors of childhood sexual abuse delay disclosure for years, often due to shame, fear or concerns about not being believed. Public reporting about past misconduct, she said, can be a catalyst for individuals to re-examine earlier experiences in a medical setting that they may have questioned but did not fully understand as children.

“Coming forward is a personal decision, and the pace belongs to the survivor,” she said. “Our responsibility is to listen, to explain the options the law provides and to help people make informed choices about what, if anything, they wish to pursue.”

Lisa Esser-Weidenfeller
Sommers Schwartz, P.C.
(800) 783-0989
LEsser@sommerspc.com

Gustin’s presentation explored how physicians and other treating medical providers can avoid malpractice lawsuits and regulatory scrutiny by focusing on accepted standards of care, differential diagnosis and complete testing regimens. He also discussed how federal privacy rules intersect with day-to-day clinical practice, focusing on how patient information moves through hospitals, clinics, and digital platforms.

Drawing on his work representing injured patients and families in personal injury cases across Texas, Gustin discussed how medical records often become central to healthcare related litigation. He outlined how thorough documentation, record-keeping, and open communication practices can influence both patient outcomes and the resolution of legal claims.

According to faculty members who helped organize the session, the lecture was part of a broader “Transition to Residency” program – the final step in students’ medical education before beginning their residency programs at hospitals around the US.

During the lecture, Gustin emphasized that HIPAA compliance is not only a regulatory obligation but also a matter of trust between patients and providers. He noted that, in litigation, disputes over what was shared, how it was recorded, and who had access to sensitive information frequently arise alongside questions about diagnosis and treatment.

Gustin, who founded the Gustin Law Firm in Houston, has built a practice focused on representing plaintiffs in motor vehicle collisions, rideshare incidents, slip and fall cases, and wrongful death claims.

The firm has helped recover more than $50 million in verdicts and settlements for clients and has been involved in cases that required careful analysis of medical records and privacy issues.

A graduate of the University of Texas at Austin, Gustin earned his law degree from South Texas College of Law Houston, where he was part of the school’s advocacy program and a national moot court champion. He is admitted to practice in all Texas state courts and in the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas.  He is also licensed in all state courts of New Mexico and Arizona.

Gustin serves on the board of directors of the Houston Trial Lawyers Association and is a member of the Texas Trial Lawyers Association, the American Association for Justice, and the North American Brain Injury Society. He has been selected to the Texas Super Lawyers list for five consecutive years, following earlier recognition on the Texas Rising Stars list.

Faculty organizers at the University of Houston’s Fertitta Family College of Medicine indicated they plan to continue inviting practicing attorneys to campus to address legal and ethical issues that new physicians will encounter, including patient privacy, informed consent, and documentation practices that affect both care and legal accountability.

To learn more about the firm, visit https://gustin.law/.

Built for litigators, Lexertia helps attorneys move from an assignment to a structured litigation document draft with ease. Attorneys provide the facts, related documents, and strategic direction; Lexertia generates the litigation work product aligned with the attorney’s inputs and case materials.

“The Avatar Associate changes the experience from prompting software to assigning work,” said Ehab M. Samuel, Co-Founder and CEO of Lexertia. “That distinction matters because it personalizes the drafting experience around the workflow attorneys already know: assigning work, shaping strategy, and refining work product.

The platform is designed to create detailed drafts of motions, oppositions, replies, and supporting litigation documents, including notices, declarations, and exhibits. Lexertia also allows users to compare multiple draft paths side-by-side, refine selected sections, and build a stronger final work product.

Key features include:

• Avatar Associate workflow for guided litigation drafting
• Structured drafts built around motions, briefs, and arguments
• Multiple draft options for comparison and refinement
• Record-grounded drafting based on user-provided facts, filings, and exhibits
• Built-in checks to help identify inconsistencies, unsupported assertions, and citation gaps

To learn more, visit lexertia.ai.

The event is scheduled for 1 to 2 p.m. at the Unitarian Church of Harrisburg, 1280 Clover Lane. Organized by the church’s group, the session is intended for older adults, family members, and caregivers who are navigating decisions about health care, finances, and long-term support.

Hazen is a Certified Elder Law Attorney who plans to guide attendees through the key documents that can determine who will make decisions and how those decisions will be carried out if a person becomes ill, disabled, or passes away. Among the topics are powers of attorney, health care directives, wills and trusts, along with the practical questions that arise when those documents are put to use.

“In many families, the legal framework is not in place until a crisis exposes the gaps,” Hazen said in advance of the event. “Having clear, well-drafted documents can reduce conflict, help honor a person’s wishes, and make it easier for loved ones to act when time and health are uncertain.”

The May 13th program is sponsored by the Unitarian Church of Harrisburg as part of its broader effort to support congregants and community members through later-life transitions. Organizers say the series reflects a recognition that aging is not only a personal experience but also a civic and legal one, shaped by policies, courts, and planning decisions made years in advance.

The program, “Speaking Early: Easing Tough Medical Choices Through Family Dialogue,” will take place from 6:30 to 8:30 p.m. at Kesher Israel Congregation, 3200 N. Third St. in Harrisburg. The event is sponsored by Kesher Israel Congregation and will feature Rabbi Jason Weiner, Executive Director of the Spiritual Care Department at Cedars-Sinai Medical Center in Los Angeles, along with a panel of local practitioners who work with families facing serious illness.

The discussion is expected to range from the practical — such as health care powers of attorney and living wills — to the emotional and spiritual dimensions of end-of-life and crisis care. Organizers say the goal is to give attendees tools to begin conversations long before a crisis arrives.

“By the time families are in an intensive care unit, it is often too late to ask what a loved one would have wanted,” Hazen said. “Thoughtful planning and open dialogue can reduce conflict, provide clarity, and allow medical decisions to reflect a person’s values as closely as possible.”

Hazen, a certified elder law attorney based in Harrisburg, regularly advises individuals and families on issues such as long-term care planning, capacity, guardianship, and surrogate decision-making. She said legal documents are only one piece of a broader process that requires ongoing communication in families.

The program is open to the public, and attendees will have an opportunity to ask questions following the panel discussion. Hazen said she views the event as part of a broader effort in central Pennsylvania to normalize conversations about illness and mortality.

In a recent documentary chronicling his journey, Sumekh reflected,

“The relationship I have with my team is actually what I’m most proud of. With each team member or staff that we hired, I was always focused on getting to know the staff, personal growth, and even when we brought in friends or family. All these people greatly contributed to the person I am today.”

Sumekh will retain a minority stake and continue to support Legal Soft in a strategic advisory capacity while shifting his primary focus to a new venture aimed at addressing long-standing operational and infrastructure gaps within the legal industry.

Since its founding, Legal Soft has supported more than 1,000 law firms and deployed over 3,000 highly trained remote legal professionals across 14+ practice areas, including Personal Injury, Immigration, Lemon Law, Employment, Bankruptcy, and more.

Nathan Sumekh, co-founder, added:

“Building Legal Soft was a global project that allowed me to connect with incredible professionals and support law firms and medical practices worldwide. I made lifelong friends, and I’m proud of what we built. Now I’m excited to build AI that automates the compliance and operational tasks we used to staff for so talented people can focus on work that requires human judgment.”

Watch the documentary on Nathan Sumekh’s journey building Legal Soft and his exit here: https://www.youtube.com/watch?v=oGU0kjgkJkk

A New Chapter: Building Disbo

After more than a decade building operational infrastructure for law firms, Sumekh identified a process that has gone largely unchanged since the 1950s: how personal injury firms pay medical providers. Most personal injury firms still mail checks to doctors for liens and medical records, a process that requires cutting checks, obtaining signatures, tracking delivery, and manual reconciliation. Disbo eliminates the check entirely: firms search a verified provider directory, initiate payment from their trust account, and funds move bank-to-bank with automated client notifications and three-way reconciliation built in.

The platform makes compliance, speed, and cost reduction structural advantages instead of operational trade-offs, replacing a manual process with a financial infrastructure built for modern legal practice.

Background: Legal Soft

Under Sumekh’s leadership, Legal Soft built the infrastructure to deploy 3,000+ specialized legal professionals across eight global offices. The company developed training systems specific to legal workflows and workforce redundancy models that guaranteed coverage during high-volume periods or unexpected turnover, enabling firms to reduce staffing costs by up to 70% while maintaining quality standards that resulted in sub-5% monthly client churn.

Sumekh’s business partner, Alex Tofer, Attorney and Founder, Tofer & Associates, added:

“Out of all the partners that I’ve had over the last 25 years in my legal practice, I would say that Nathan is by far in the top three of reliable, honest, trustworthy, and extremely competent partners I’ve ever had. He’s done more in the last, I would say, 5 years than most professionals I know have done in the last 20.”

Sumekh retains a minority stake in Legal Soft and will continue in a strategic advisory capacity. Legal Soft’s leadership, operations, and client relationships remain fully intact.

About Disbo

Disbo is a bank-to-bank disbursement infrastructure connecting personal injury law firms directly to medical providers. The platform replaces manual check-based payments with instant, compliant, fully reconciled transfers, eliminating one of the last major administrative bottlenecks in legal practice management.

https://www.disbo.com

About Nathan Sumekh

Nathan Sumekh is a legal industry operator and entrepreneur who spent over a decade building the infrastructure that powers how modern law firms run. At Legal Soft, he architected the systems behind a 3,000-person global workforce, spanning eight offices, and developed training programs, quality assurance models, and compliance-first staffing operations that served over 1,000 law firms nationwide across 14+ practice areas.

His work sits at the intersection of legal operations, workforce infrastructure, and regulatory compliance, giving him a ground-level understanding of where law firms lose time, money, and staff to broken processes. Disbo, his next venture launching later this year, applies that operational lens to one of the most persistent bottlenecks in personal injury practice: getting money from a trust account to a medical provider without a paper check.

https://www.linkedin.com/in/nathan-sumekh

Overholt joins Paul Mackowski, Keith Mundrick, W. Andrew Kirtley and R. Daniel Faust, who also joined SKO in March, collectively strengthening the firm’s business, litigation and regulatory capabilities in Indianapolis.

“Suzannah joining SKO continues the strategic evolution of our Indianapolis office,” said P. Douglas Barr, member and managing director of SKO. “Her experience leading highly regulated healthcare operations and advising organizations across multiple sectors directly reinforces our ability to deliver business‑focused guidance to clients managing complex operational demands.”

Overholt’s arrival further enhances SKO’s capabilities in key sectors such as healthcare, and her multidisciplinary background reinforces the firm’s focus on providing integrated legal and business guidance to organizations managing sophisticated regulatory requirements, operational challenges and strategic growth initiatives.

SKO’s strategic transformation reflects the firm’s focus on delivering quality legal and business insight through collaborative teams that support clients across state lines and industry sectors. SKO is trusted by businesses in Indiana, Kentucky and beyond to support organizational goals and solve challenges.

About Suzannah Wilson Overholt

Suzannah Wilson Overholt brings more than three decades of experience advising clients across the healthcare, nonprofit, public and private sectors, with a practice spanning regulatory compliance, licensing, employment, corporate governance and healthcare‑related operational matters. She has guided clients through complex commercial and corporate transactions, contract negotiations, nonprofit governance issues and zoning matters involving healthcare facilities. She previously served as Chief Operating Officer and General Counsel for one of Indiana’s largest healthcare providers, where she oversaw compliance, regulatory oversight, merger integration, contracting and organizational operations supporting more than 50,000 patients.

Her background also includes significant public‑sector experience designing government reform initiatives, negotiating labor agreements and litigating employment discrimination and constitutional claims. She regularly advises clients on the False Claims Act (FCA), Anti‑Kickback Statute (AKS), Stark Law and other federal and state healthcare regulations, and represents clients in related litigation. Drawing on her combined experience in private practice, executive leadership and public service, Overholt delivers efficient, business‑aligned legal solutions grounded in practical operational insight.

“Mesothelioma litigation demands accuracy, sensitivity, and speed,” said Ed Mohr, President of Mohr Marketing. “We’ve designed a program that cuts through the noise and connects firms directly with individuals who meet real legal criteria—verified exposure histories and confirmed diagnoses—using a respectful, data‑driven approach.”

At the core of the program is a proprietary search intelligence model that identifies consumers actively researching mesothelioma, asbestos exposure, litigation, and FDA‑approved treatments including Pemetrexed (Alimta), Ipilimumab (Yervoy), and Nivolumab (Opdivo). From an estimated pool of 25,000 monthly searchers, Mohr Marketing resolves and enriches approximately 73% into actionable consumer profiles, then filters them through detailed legal qualification standards.

Key qualification criteria include:

• Documented asbestos exposure prior to the mid‑1980s, with priority given to pre‑1980 exposure
• Biopsy‑confirmed mesothelioma or asbestos‑related lung cancer diagnosed within the past 2–3 years
• High‑risk occupational exposure, including shipyards, Navy service, steel and paper mills, construction, electrical work, boiler operations, automotive repair, and other asbestos‑intensive environments

Once qualified, Mohr Marketing deploys coordinated, multichannel engagement campaigns targeting these exact individuals across email, IP‑targeted display, pre‑roll video, live‑intent media, and social platforms. This synchronized approach reinforces message visibility and drives action—achieving response rates of approximately 5% in recent campaigns.

“Firms are done paying for recycled or low‑quality mesothelioma leads,” Mohr added. “This program delivers transparency, control over case criteria, and performance you can measure immediately.”

Mesothelioma is a rare and aggressive cancer linked to asbestos exposure, often surfacing decades after initial contact. Given the complexity and urgency of these cases, Mohr Marketing’s outreach is designed to be clear, compliant, and empathetic—ensuring patients and families receive relevant information while connecting with experienced legal representation.

Plaintiff law firms interested in accessing qualified mesothelioma case opportunities can contact Ed Mohr at ed@mohrmktg.com to request lead availability, targeting criteria, and pilot campaign options.

About Mohr Marketing, LLC
Mohr Marketing is a performance‑driven marketing partner for plaintiff law firms, specializing in data‑powered lead generation and intake solutions across mass tort, personal injury, and complex litigation.

Media Contact:
Ed Mohr
President, Mohr Marketing, LLC
Email: ed@mohrmktg.com
Phone: 866-695-9058
Website: https://www.mohrmktg.com

The study was conducted by the firm’s legal team in response to a pattern their bike accident attorneys have observed in their caseload: more cyclists are being struck, more are being seriously injured, and a growing share of at-fault drivers are leaving the scene without stopping.

Attorney Paul Greenberg noted that the issue is not abstract for him or his colleagues. “Gavin and I both ride regularly in Chicago. We know these roads firsthand. This study confirms what the cycling community has been saying for years: the roads are getting more dangerous, and it is happening faster than most people realize.”

Gavin Pearlman, a member of the firm, added that the hit-and-run figures were among the most troubling findings. “Nearly one in three bike accidents in 2025 ended with the driver leaving the scene. That is not a traffic statistic. That is a failure of accountability, and injured cyclists need to know they still have legal options even when the driver is never identified.”

Key Findings in the Briskman Bike Accident Report

The study identifies N. Milwaukee Avenue as the most dangerous road in the city for cyclists, with 329 accidents and 253 injuries over the four-year period. N. Clark Street ranked second with 274 accidents, and N. Damen Avenue third with 175 accidents and one fatality. The N. Halsted Street and S. Halsted Street corridors combined for 318 accidents, making Halsted one of the highest-risk stretches in the city. W. North Avenue recorded the highest hit-and-run concentration among high-volume roads at 38.2% of all accidents.

Failing to Yield Right-of-Way was the leading identifiable cause of accidents, responsible for 2,165 incidents and 1,777 injuries. The next most common causes were Failing to Reduce Speed (289 accidents), Disregarding Traffic Signals (284 accidents), and Improper Turning (281 accidents). Improper Overtaking or Passing, while accounting for fewer total accidents (239), carried a 49.0% hit-and-run rate, the highest of any cause category.

Hit-and-run accidents increased every year in the study period, from 497 in 2022 to 694 in 2025, a 39.6% rise that outpaced the growth in total accidents.

Seasonal and Daily Patterns

August recorded the highest accident volume of any month, with July and September close behind. May through October accounted for approximately 82.8% of all accidents over the four-year period. However, October and November each recorded two fatalities, matching August despite significantly lower accident totals. The firm attributes the disproportionate fall fatality rate to reduced driver attentiveness, lower light levels, and slicker road surfaces as riding season winds down.

Dusk was identified as the most lethal lighting condition in the dataset. Clear weather at dusk produced two fatalities in just 219 accidents, a rate nearly four times the overall average. Weekday accidents peaked during morning and evening commute hours. Late weekend nights showed elevated rates consistent with impaired driving.

Some Streets are a Little Safer for Cyclists

Not all trends in the data moved in the wrong direction. The per-accident fatality rate fell 66.7% from 2022 to 2025, dropping from 0.24% to 0.08%. Incapacitating injuries held nearly flat over the four years. The firm notes, however, that rising accident volumes have offset those gains. Non-incapacitating injuries, which include broken bones, concussions, and soft tissue damage requiring medical treatment, increased 39.9% from 2022 to 2025.

Recommendations

The firm’s report includes recommendations for cyclists, policymakers, and injured riders. For cyclists, the report advises heightened caution on Milwaukee, Clark, Damen, and Halsted, use of high-visibility lighting during the 5 to 8 PM dusk window in fall, and immediate documentation of any hit-and-run, including vehicle color, direction of travel, and witness information.

For policymakers, the report calls for protected bike lanes and leading cyclist intervals at high-volume intersections, expanded camera networks on corridors with elevated hit-and-run rates, and dusk-specific lighting upgrades on the city’s most dangerous roads.

Cyclists who have been injured in a Chicago bike accident are encouraged to seek medical attention promptly, preserve all documentation from the scene, and consult with a qualified attorney before speaking with any insurance company. Hit-and-run victims may have access to uninsured motorist coverage even when the at-fault driver is never found.

The full report, including year-by-year breakdowns, road-level data, cause classifications, and monthly distributions are available on the firm’s website.

“This moment represents the next step in the strategic evolution of our Indianapolis office,” said P. Douglas Barr, member and managing director of SKO. “We are building a firm designed for businesses navigating high‑stakes disputes, detailed transactions and regulatory demands. Paul, Keith, Daniel and Andrew bring strengths that directly advance that mission. Their experience further bolsters our ability to serve clients with the insight, collaboration and business‑oriented counsel that define the future of SKO.”

Mackowski and Mundrick join the firm as members, each bringing extensive experience advising business clients on complex commercial matters. Faust and Kirtley join as counsel, further enhancing the firm’s litigation capabilities.

These additions reinforce SKO’s interdisciplinary approach to serving clients in key industries including banking, finance, healthcare, real estate and other commercial services. With more than 140 attorneys across six offices in Indiana and Kentucky, SKO is a firm built to meet the dynamic needs of business and regulatory clients operating in competitive, fast‑moving environments.

SKO’s strategic transformation reflects the firm’s focus on delivering integrated legal and business insight through collaborative teams that support clients across state lines and industry sectors. SKO is trusted by businesses in Indiana, Kentucky and beyond to support organizational goals and solve challenges.

NEW ATTORNEY BIOGRAPHIES

Paul Mackowski, member

Paul represents businesses, financial institutions and individuals in complex commercial and consumer disputes from pre‑litigation investigation through trial and appeal. His experience spans breach‑of‑contract and warranty claims, professional and products liability, deceptive trade practices, insurance coverage disputes and real‑estate‑related litigation. Paul also advises clients on internal investigations and manages bankruptcy and creditors’ rights matters, including receiverships and asset liquidations.

Keith Mundrick, member

Keith represents businesses, financial institutions, nonprofits and individuals in commercial finance, real estate and strategic risk matters. His work centers on structuring and closing credit facilities, handling multi‑property real estate matters, and guiding clients through amendments, workouts, restructurings and collateral enforcement. Keith also serves as outside general counsel to organizations facing significant contractual and operational complexity, aligning legal strategy with broader business objectives.

R. Daniel Faust, counsel to the firm

Daniel represents businesses and individuals in commercial, real estate and tort litigation. He brings significant first‑chair trial experience and is known for disciplined case management, clear communication and strategies aligned with client priorities. Daniel has handled major eminent domain matters, real estate litigation, creditor protection in foreclosure proceedings, and a broad range of labor, employment and commercial disputes.

W. Andrew Kirtley, counsel to the firm

Andrew represents businesses in civil litigation from initial claim investigation through final resolution. He evaluates exposure, aligns litigation strategy with operational goals and delivers efficient solutions to support long‑term business objectives. Andrew defends companies in matters involving negligence, bad faith, statutory claims, premises liability and commercial disputes, and previously served as a deputy attorney general defending Indiana state agencies in federal Section 1983 litigation.

eFraud Investigator was built to bridge the gap between discovery and forensic analysis. While traditional e-discovery tools make documents searchable, they rarely make the numbers usable. This new platform extracts, digitizes, and mathematically verifies financial transactions from static PDFs, allowing legal teams to get to the truth faster.

Defensible Data for Court

“Attorneys have been burned by software that guesses at numbers,” says Barbara Steinberg, CEO of eFraud Services. “In litigation, data integrity is everything. eFraud Investigator delivers virtually 100% extraction accuracy and automatically verifies every transaction against the statement’s ending balance — ensuring the evidence you present is mathematically identical to the source documents provided in discovery.”

Key Capabilities for Litigators:

• Handle Redactions & Rotations: The AI is trained to handle the specific “messy” reality of subpoenaed records.
• Immediate Case Triage: A built-in dashboard visualizes the flow of funds instantly, allowing attorneys to decide if a case is worth pursuing before investing in hours of forensic accounting.
• Cost Recovery: Drastically reduces the billable hours associates spend on manual data entry.

By combining PLCP’s damages valuation expertise with Medivest’s Medicare compliance and administration services, PLCP will deliver highly integrated, end-to-end solutions nationwide.

“This acquisition is a natural fit,” said Chad Harris, CEO of PLCP. “We share a deep commitment to innovation and service.  By joining forces, we can now support our clients across a full continuum of solutions — from damages valuation to MSP compliance and administration.”

Medivest will continue to operate under the Medivest brand and will benefit by PLCP’s substantial investments in advanced technology as well as its advanced service offerings. Clients of both organizations can expect uninterrupted service while benefiting from expanded capabilities, deeper resources, and increased investment in innovation and service.

“This partnership strengthens our ability to serve the legal, insurance, and claims professionals who rely on our expertise,” said Aaron Winnell, President of Medivest. “By joining forces with PLCP, we are expanding the scope of solutions available to our clients while preserving the service quality and expertise for which Medivest is known.”

About Physician Life Care Planning

Physician Life Care Planning is the industry leader in personal injury damages valuation services, and is trusted by attorneys and law firms nationwide. Through a unique combination of highly qualified experts and advanced technology, the company delivers life care plans and related products and services that are objective, accurate, reliable, and defensible.  All PLCP life care plans are authored by board-certified physicians whose work conforms to the tenets, methods, and best practices advocated by the American Academy of Physician Life Care Planners.  With a steadfast focus on innovation and service, PLCP continues to set the standard for Excellence in Damages Valuation.

About Medivest

Medivest is a leading provider of Medicare compliance and medical funds administration solutions, specializing in medical cost management, Medicare Secondary Payer compliance, and future care fund coordination for the legal, insurance, and claims communities. Medivest was advised in the transaction by Bailey & Company, a healthcare-focused investment banking firm with deep experience in middle-market mergers and acquisitions.

Florida remains home to one of the largest veteran populations in the country, including hundreds of thousands of veterans managing PTSD, depression, anxiety, and other mental health conditions. The Florida Department of Veterans’ Affairs Benefits Guide notes that Florida has long emphasized mental health resources due to the high number of combat-era veterans living in the state. Many mental health claims fall short when the record lacks detail. The gaps often involve an unclear connection to service or a lack of detail about how symptoms affect the veteran’s day-to-day life.

Magann said many Florida veterans assume a mental health claim should be straightforward because their symptoms are apparent to them and their families. Yet, the VA still expects detailed, precise documentation. He noted that examiners lean heavily on what is already in the file, rather than on what a veteran says during a brief appointment. “If the paperwork is thin, the diagnosis history is muddy, or the link to service is not clearly laid out, the VA can turn a claim down in minutes,” Magann said. “Most veterans do not find that out until a denial letter shows up months later.

He also warned that Florida’s large veteran community drives heavy demand for compensation and pension exams, leading to short or rushed evaluations. When an exam does not fully reflect how symptoms affect everyday life, the VA is more likely to assign a low rating or deny the claim. Magann asserts that this is especially true in PTSD cases, where the VA expects clear documentation of in-service stressors and solid clinical support.

Magann advises veterans to begin 2026 by reviewing any VA decisions they received in 2025, especially if those decisions involved mental health conditions or secondary issues related to mental health. He noted that the Appeals Modernization Act gives most veterans one year from the date of their decision letter to seek review or file a supplemental claim. Early in the year, veterans have a better chance of getting their paperwork in order rather than racing the clock right before a deadline. Taking time now to reread past decisions and fill in any gaps can help prevent avoidable mistakes that cost benefits later.

Magann asked veterans to pay attention to warning signs that a claim may be in trouble, including missing private treatment notes, thin descriptions of how severe symptoms really are, and medical reports that have not been updated in years. He said many people also overlook how their conditions affect their jobs, family relationships, and everyday responsibilities, even though the VA weighs that information heavily when deciding a rating.

Early in the year, veterans have a better chance of getting their paperwork in order rather than racing the clock right before a deadline. Taking time now to reread past decisions and fill in any gaps can help prevent avoidable mistakes that cost benefits later.“If you get your mental health claim in order early in the year, you are in a much better position to avoid a denial and fight for a rating that matches what you are actually living with.”

The Law Office of David W. Magann represents veterans across Florida in disability claims, appeals, and mental health–related matters.

For more information or to request a consultation, contact the Law Office of David W. Magann in Tampa, FL.

The article references a lawsuit filed by T3D Therapeutics against multiple parties, including CCM Clinical Research Group, related to a clinical research trial of an experimental compound. CCM has reviewed these allegations in detail and firmly asserts that they are without merit. There is no credible evidence to support the claims of data falsification, improper participant enrollment, or any other misconduct at our site.

CCM Clinical Research Group has a long-standing commitment to the highest standards of ethical conduct, scientific integrity, and patient safety in all its clinical research activities. We operate in full compliance with FDA regulations, Good Clinical Practice (GCP) guidelines, and all applicable protocols. Our dedicated team of professionals undergoes rigorous training and oversight to ensure the accuracy and reliability of all trial data and results.

We have cooperated fully with any inquiries or inspections related to our work and will continue to do so. CCM stands ready to address any legitimate concerns through appropriate regulatory and legal channels.

These baseless accusations do a disservice to the critical work of advancing treatments for Alzheimer’s disease and other conditions, as well as to the patients and families who rely on trustworthy clinical research.

CCM Clinical Research Group remains focused on our mission: delivering high-quality, reliable clinical trial services to support the development of innovative therapies that can improve lives.

For media inquiries, please contact:
Brian D. Gottlieb, Esq. – 754-701-3542
bgottlieb@gwfloridalaw.com
Counsel for CCM Clinical Research Group

Website: ccmclinicalresearch.com

3659 South Miami Ave, Suite 5003 Miami, Fl 33133 Tel: (305) 285-0705 Fax: (305) 285-0707

CASE INFORMATION

Florida Circuit Court, Miami-Dade County
T3d Therapeutics, Inc. v. Clinilabs, LLC
Case No. 2025-014285-CA-01

The jury initially awarded over $27 million in economic damages. While Colorado law generally caps medical malpractice damages at $1 million under the Health Care Availability Act (“HCAA”), the trial court found reasonable cause to exceed the cap and entered judgment for the full award, plus pre- and post-filing interest, an amount now totaling over $50 million.

The Supreme Court affirmed, holding that once a court determines it is appropriate to exceed the statutory cap, the jury retains its authority to determine the proper amount of damages.

“This Supreme Court ruling underscores the critical role of the jury in determining fair compensation for catastrophic injuries,” said Darin Schanker, partner at Bachus & Schanker. “We are proud to have advocated for the Gressers and to secure justice for their child, ensuring she has the resources she will need for the rest of her life.”

The decision clarifies how Colorado courts should handle statutory damages caps while respecting jury awards, marking a significant victory for victims of severe medical negligence.

CASE INFORMATION

Colorado Supreme Court
Banner Health v. Gresser
Case No. 23SC959

According to court documents, the claimant filed a lawsuit against a medical center and its affiliated healthcare providers, alleging that substandard care was provided during treatment for flank pain. The complaint cited failures in the standard of care and claimed that the failure to timely treat, diagnose, and treat an infection led to the claimant’s septic shock. 

The terms of the agreement, as outlined in the signed release and settlement documents submitted to the court, provide for a payment of multi-million dollars to the claimant.

“This outcome represents the conclusion of a challenging chapter for my client,” said attorney Rick Groffsky from Sommers Schwartz, P.C. “While no settlement can undo the suffering experienced, we believe this result will provide critical resources for their future needs.”

Sommers Schwartz reached a confidential settlement, and due to the terms of the settlement, the firm could not provide details about that case. The agreement reflects a mutually acceptable resolution in the interests of all parties.

This case represents one of the more significant recent settlements in the region, involving claims of medical negligence. The resolution underscores the importance of legal advocacy in ensuring that individuals affected by alleged lapses in care have access to remedies provided under Michigan law.

On July 24, 2025, District Court Judge Don Jesse Toussaint denied a motion to exclude the testimony of expert witness, Michael Arrigo, an authority on medical billing and healthcare economics, in the matter of Brent Nelson and Kara Merritts v. Benyam Chebud, TIPS, Inc. d/b/a Domino’s Pizza & Domino’s Pizza, LLC (Case No: 2024CV30949). The ruling, which cited the Colorado Rules of Evidence 702 and referenced People v. Shreck, allows Arrigo to provide analysis on the usual, customary and reasonable (UCR) charges for the plaintiff’s medical care based on various standardized coding systems.

Court documents indicate Arrigo’s testimony will address the appropriateness of the plaintiff’s medical bills using methodologies that compare Current Procedural Terminology (CPT) codes, Diagnosis Related Groupings (DRGs), Resource Utilization Groups (RUGs), and Healthcare Common Procedure Coding System (HCPCS) codes. His analysis, as described in pleadings, also includes comparing charges for hospital stays and episodes of care using DRG algorithms, reviewing inpatient and skilled nursing facility (SNF) charges, and examining billing practices without factoring in collateral sources such as insurance payments.

Judge Toussaint’s order specifically noted that Arrigo’s opinion would extend to rebutting the methods used by the opposing party’s expert, particularly concerning the reliability of DRG determinations and the billing practices of SNFs. According to the order, Arrigo’s assessment incorporates a review of patient clinical documentation, physician certifications, and the unique characteristics involved in hospital and SNF billing, including the Minimum Data Set (MDS) used to determine RUG scores for patient care classification.

The court’s decision was reached after considering a motion in limine by the defense to exclude Arrigo’s testimony. The court denied the motion, finding that Arrigo’s qualifications and methodologies satisfied Colorado’s standards for expert witness admissibility. Under CRE 702, courts are charged with ensuring expert testimony is both relevant and the product of reliable principles and methods. In referencing the Colorado Supreme Court decision in People v. Shreck, the court underscored its gatekeeping role, concluding that Arrigo’s testimony met these requirements.

The case, currently proceeding in Arapahoe County, involves allegations concerning the reasonableness of medical expenses incurred following a personal injury incident. The dispute over the admissibility of expert medical billing testimony is notable, as similar issues have arisen in courts nationwide amid ongoing debates about the assessment and substantiation of medical charges in tort litigation.

As the litigation advances, Judge Toussaint’s ruling is expected to serve as a reference point for attorneys and insurers handling cases involving complex medical billing and coding matters. The trial date and subsequent proceedings in Nelson and Merritts v. Chebud et al. will be closely monitored by observers in the legal and healthcare fields.

CASE INFORMATION AND RULING
Motion in Limine to exclude testimony DENIED under CRE 702, the Colorado state standard for determining the admissibility of expert witness testimony, including scientific evidence. (People v. Shreck); ruling of Don Jesse Toussaint, District Court Judge, July 24, 2025. Brent Nelson and Kara Merritts v. Benyam Chebud, TIPS, Inc. d/b/a Dominoes Pizza & Dominoes Pizza, LLC, Case No: 2024CV30949 District Court, Arapahoe County, Colorado.

No World Borders are national experts in healthcare data, regulations and economics. Their team understands the borders between health data and how to unify data quality for actionable views. To find out more about Medicare LCD or to contact an Electronic Health Record and E.H.R. Certification Standards Expert Witness, Expert Witness on Medicare Fraud, Physician Compensation Expert, or HIPAA Privacy Expert Witness contact No World Borders.

The complaint alleged that within days of a procedure, a series of medical oversights and failures to respond to escalating symptoms led to cardiac arrest and severe brain injuries. 

The complaint cited medical records and revealed how the abdominal and brain injuries led to a cascade of complications. After multiple hospitalizations, the claimant’s attorneys argued how the client requires extensive care and is now dependent on others for all daily activities, requiring 24-hour home health aide assistance, ongoing therapy, and specialized equipment. Also, lost wages and non-economic damages were factored in.

“This matter underscores the importance of patient safety and timely intervention in post-surgical care,” said attorney Rick Groffsky in a statement accompanying the settlement. “We hope this resolution provides some measure of security for the family as they move forward.”

Sommers Schwartz has a long-standing history of representing clients in complex medical malpractice cases. In recent years, the firm has secured several notable settlements on behalf of individuals and families impacted by alleged medical negligence, including a case resolved for $7.4 million for a birth brain injury. The firm’s attorneys regularly pursue claims involving surgical errors, delayed diagnoses, and other critical patient safety concerns.

In this most recent matter, Sommers Schwartz reached a confidential settlement. Due to the terms of the agreement, the firm cannot disclose further details regarding the parties or the underlying allegations.

Mt. Sinai, New York – Robert F. Brogan, CELA, of Brogan Law Group, P.C., Brick, New Jersey, has been elected president of the Special Needs Alliance. A long-time member and past board officer, Brogan brings decades of experience in elder and special-needs law and a deep personal commitment to helping families navigate complex systems of care.

“My goal is to nurture what makes this organization exceptional,” Brogan said. “The Alliance’s strength comes from both its professional expertise and its sense of community. We hold ourselves to the highest standards of practice while supporting each other like family. That collegial spirit is what I hope to preserve and pass on to the next generation of members.”

Brogan’s priorities for the coming year include fostering mentorship opportunities, maintaining rigorous membership standards, and ensuring the organization’s continued vitality through engagement and shared learning.

2025–2026 Executive Officers

• President: Robert F. Brogan, CELA — Brogan Law Group, P.C., Brick, NJ
• President-Elect: Bryn Poland, Esq. — Mayo & Poland, PLLC, Baytown, TX
• Vice President: Christopher W. Smith — Chalgian & Tripp Law Offices, PLLC, Southfield, MI
• Treasurer: Elizabeth Noble Rollings Friman, Esq. — Fleming & Curti, PLC, Tucson, AZ
• Secretary: Larry H. Rocamora, Esq. — McPherson, Rocamora, Nicholson & Hinkle, PLLC, Durham, NC
• Immediate Past President: Tara Anne Pleat, CELA — Wilcenski & Pleat PLLC, Clifton Park, NY

Board of Directors

Leonard R. Anderson, Esq. — Barlow Anderson LLC, Anchorage, AK
Roxanne J. Chang, Esq. — Roxanne J. Chang, Plymouth, MI
Emily A. Donaldson, CELA — Arcare, Inc., Overland Park, KS
Robert W. Fechtman, CELA – Fechtman Law Office, Indianapolis, IN

Emma R. Hemness, CELA — Hemness Faller Elder Law, Brandon, FL
Emily B. Kile, Esq. — Mushkatel, Gobbato & Kile, PLLC, Scottsdale, AZ
Elena A. Lidrbauch, CELA — Hickman, Lowder, Lidrbauch & Welch Co., LPA, Sheffield Village, OH
Jacob H. Menashe, Esq. — Hickman Menashe, P.S., Lynnwood, WA
Nikki Mitchell, Esq. — Mitchell, Brown & Associates, LLC, St. Louis, MO

Rebecca C. Morgan, Esq. — Stetson University College of Law, Gulfport, FL

Ethan J. Ordog, Esq. — Begley Law Group, Moorestown, NJ
Benjamin A. Rubin, Esq. — Rubin Law, A Professional Corporation, Buffalo Grove, IL
Matthew T. Smith, Esq. — Elder Law Lawyers McClelland & Associates, PLLC, Lexington, KY
Thomas E. Smith, Esq. — Thomas Smith Law Firm, Hot Springs, AR
Scott C. Suzuki — Scott C. Suzuki, Attorney at Law, LLLC, LLC, Honolulu, HI

About the Special Needs Alliance

The Special Needs Alliance comprises more than 150 attorneys across 45 states, each invited to membership based on demonstrated excellence in disability and public benefits law. Members average more than 18 years of experience and include many Certified Elder Law Attorneys (CELA). Through collaboration, education, and advocacy, the SNA works to improve the quality of legal services and enhance the lives of individuals with disabilities and their families.

For more information, visit www.specialneedsalliance.org.

Mr. Abendschein’s track record of driving digital transformation and building advanced technology platforms will reinforce the company’s leadership position in the Medical-Legal sector, as well as streamline PLCP’s next generation of technology-enabled digital products to complement its expert-led damages valuation services.

“Over the last year and a half, we have been making bold technology investments to reimagine what damages valuation can look like for our clients in a modern, data-driven world,” said Chad Harris, Chief Executive Officer of Physician Life Care Planning. “Bringing David on board as CTO reflects our commitment to not only setting the industry standard, but also building the tools that empower attorneys, medical experts, and clients with faster, smarter, and more reliable solutions. We will launch innovative new digital and expert service products throughout 2026—offerings unlike anything seen before.  We are thrilled to welcome David and look forward to everything we will achieve together.”

David Abendschein commented, “I am honored to join PLCP at such a pivotal time in its journey. Not only does PLCP understand the importance of innovation, but this team recognizes the importance of delivering high-quality and differentiated products at industry-leading timelines. I look forward to building on the strong foundation that is already in place, as well as leading the next wave of technology-driven products that will dramatically redefine how attorneys leverage technology and data for damages valuation in personal injury litigation matters.”

The appointment of Mr. Abendschein underscores PLCP’s investment in technology and the broader leadership team to combine next-generation technology solutions and expert services to deliver unmatched value to attorneys law firms, and clients across the country.