Case News

Please take the time to read some of the news about our current cases.

Class Action Lawsuit Against Florida Compounding Pharmacy

Plaintiff in Ohio filed a class action lawsuit in federal court seeking more than $30 million against a Florida licensed pharmacy for alleged violations of the Junk Fax Prevention Act, and the Ohio Deceptive Trade Practices Act. The Florida Pharmacy turned down all settlement offers, successfully defeated class certification, and prevailed on summary judgement.

State of Florida Murder Conviction/Life Sentenced Vacted

Took over case after defendant was convicted of Second Degree Murder, and succeeded in having murder conviction and life sentence thrown out in postconviction (Rule 3.850) proceedings.

Qui Tam Whistleblower Defense In the U.S. District Court for the Middle District of Florida

Successfully had Qui Tam Plaintiff's Complaint dismissed leading to extraordinarily favorable settlement for clients.

Complete Reversal of Florida Agency for Health Care Administration Overpayment Demand In Excess of $200,000

After Florida Agency for Health Care Administration issued to client an overpayment in excess of $200,000, this firm brought successful appeal in the Florida First District Court of Appeal that led to complete dismissal of overpayment demand. Client paid nothing to AHCA.

Department of Health v. Florida Licensed Dentist

Florida Department of Health sought the revocation of the license of a dentist charged with deceptive, untrue, or fraudulent representations in or related to the practice of dentistry and delegating professional responsibilities to a person who is not qualified by training, experience, or licensure to perform them. After an evidentiary hearing before an Administrative Law Judge with the Division of Administrative Hearings the charges were dismissed and no action was taken against the dentists’ license.

U.S. v. Serge Francois and Concept Rx, Inc.

A federal prosecution alleging conspiracy to unlawfully distribute controlled substances and the unlawful distribution of controlled substances. After a two month jury trial the government dismissed the charges against both the pharmacist and the pharmacy and the money frozen by the government was returned to the pharmacist.

U.S., ex. rel. v. Turning Point, LLC, et al.

In a Qui Tam case filed in federal court against two community mental health centers and the individual owners alleging fraudulent billing, Ellsworth Law Firm filed a Motion to Dismiss which was granted in full by the United States District Court.

Numerous Plaintiffs v. Florida Licensed Dentist

In a RICO case filed in federal court against a Florida licensed dentist, the firm filed a motion to dismiss and the case was subsequently dismissed. The firm was able to recoup all attorney’s fees from the plaintiffs and their law firms.

State of Florida v. Licensed Occupational Therapist

In a complex case involving allegations of Medicaid fraud, the firm was able to obtain pre-trial diversion for the occupational therapist and the charges were subsequently dismissed.

State of Florida Department of Health v. Florida Chiropractor

An Administrative Complaint was filed by the Department of Health seeking the revocation of the license of a Florida chiropractic physician who had previously entered a plea of nolo contender to a crime related to the practice of chiropractic medicine. After a two day administrative hearing, the Administrative Law Judge entered an Order in favor of the chiropractic physician and declining to revoke or otherwise discipline the chiropractic physician's license.

Bio-Med Plus, Inc. v. State of Florida

After the State of Florida entered an Order of Emergency Suspension on this pharmaceutical wholesaler, the firm filed an immediate appeal and the Third District Court of Appeal quashed the Order and allowed the business to reopen.

State of Florida v. Munne Center Assisted Living Facility

The State filed an Administrative Complaint alleging negligent supervision that caused harm to a resident in the assisted living facility. After an evidentiary hearing, an administrative law judge entered an order recommending dismissal of the case.