Jeffrey Catalano was quoted in a news article on a court decision allowing a Massachusetts consumer protection claim to proceed against a hospice company for allegedly over-medicating a woman over a five-year period while repeatedly and falsely certifying her eligibility for hospice care.
The woman alleges in her medical malpractice lawsuit that while she was receiving care for pulmonary disease, she was given high doses of fentanyl and Vicodin as medical staff recertified on nearly two dozen occasions that she had a life expectancy of six months or less.
She alleges in her suit that this was done under financial pressure to generate Medicare billings.
A Massachusetts Superior Court judge rejected the defendant’s claim that federal law preempts the woman’s consumer protection claim under the state’s Chapter 93A statute.
Mr. Catalano, who is not involved in the case, told Massachusetts Lawyers Weekly the practical takeaway for lawyers is to “follow the money.”
“That’s what they say about uncovering political corruption,” he said. “And if you can establish some entrepreneurial or business-related motive for the medical treatment, then you have a colorable claim under Chapter 93A.”
Mr. Catalano, a partner at the firm, represents victims of catastrophic injuries in personal injury cases, including those involving medical negligence.
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