Monthly Archives: March 2022

Doyle Dennis Avery LLP Trial Lawyers filed suit against Auto-Owners Company in the United States District Court for the District of Arizona, in Phoenix, Arizona.

The Plaintiff, a dedicated and diligent auto technician for Little Germany, Inc. and Doyle Dennis Avery LLP ’s client, filed this suit in necessity to collect a legal debt and damages due and owing to Plaintiff because of Defendant’s wrongful acts in handling his claim for worker’s compensation benefits. The Defendant, individually and/or collectively, engaged in conduct that wrongfully denied and/or unreasonably delayed payment of workers’ compensation benefits for workplace injuries sustained by Doyle Dennis Avery LLP ’s client.

On or about July 7, 2017, Plaintiff suffered injuries to his lower back, in the course and scope of his employment, when he lifted a fifty-pound car battery. Plaintiff reported the incident, began treatment from Concentra, and ultimately filed a worker’s compensation claim in connection to the injury he sustained during the scope of his employment.

Having received the worker’s compensation claim, Auto-Owners Company placed an adjuster in charge of processing Plaintiff’s worker’s compensation claim. Plaintiff’s symptoms continued to worsen, and after seeing multiple doctors with additional treatment until Plaintiff was released months later with an approval of light-duty work and a doctor’s request for a medical branch block.

The complaint filed by Plaintiff alleges that instead of approving the course of treatment consistent with the clear confirmation of Plaintiff’s injury, Defendant decided to create a pre-text for avoiding payment of the worker’s compensation benefits – seeking an opinion from a purported expert with a known industry bias. Defendant also denied income and other benefits owed based upon Plaintiff’s physicians’ recommendations and work restrictions by filing various Notices of Claim Status denying any benefits. Rather than paying the owed benefits, Defendant hired an expert, who has been the subject to multiple insurance bad faith and related lawsuits, to prepare a “record review” report regarding the incident. Attempting to close Plaintiff’s claim by using this expert to elicit that Plaintiff required no further care so that Defendant could, and did, cut off Plaintiff’s treatments and benefits entirely.

Consequently, of Defendant’s conduct, Plaintiff was forced to retain a lawyer to help him secure his rightful worker’s compensation benefits. After the initial litigation before the Industrial Commission of Arizona (“ICA”) ruled in favor of Doyle Dennis Avery LLP client and awarded medical and financial benefits. However, instead of accepting the ruling, Defendant appealed the decision without reasonable basis. Given this delay and impediment caused by Defendant’s wrongful conduct, Plaintiff continues to suffer severe economic distress and delayed, urgent medical treatment in which induced significant economic, emotional, and physical damage and torment on Plaintiff.

Doyle Dennis Avery LLP Trial Lawyers represent victims of unlawful denials of worker’s compensation claims. If you or someone you know has suffered from denial or delay of worker’s compensation benefits, you may be entitled to damages caused by the insurance company’s unjust conduct. Contact our office today for an evaluation of your legal claim.

A proposed bill in the Arizona legislature aimed at protecting first responders who are suffering from Post-Traumatic Stress Disorder, also known as PTSD, has caught the attention of the news media.

Unfortunately, the handling of workers’ compensation claims for police officers and firefighters who suffer from PTSD often falls short.  Some of the tactics that have been used include:  automatically denying all PTSD claims and using biased “Independent” Medical Exams or IMEs as a way to cut off workers’ compensation claims.

The bill in the Arizona legislature is aimed at forcing municipalities, including the City of Phoenix and City of Mesa, to accept claims in order to ensure that first responders get the treatment that they need.

Doyle Dennis Avery LLP has been retained by officers in the City of Phoenix and City of Mesa who have had their PTSD claims denied.  These cases, which are pending in Maricopa County Superior Court, allege that the City of Phoenix, through its claims adjusters at York Risk Management Services, and the City of Mesa have denied police officer PTSD claims in bad faith.

If you are a first responder, such as a police officer for firefighter, and have suffered from PTSD in the line of duty, please contact Doyle Dennis Avery LLP for an evaluation of the merits of your claim.

Doyle Dennis Avery LLP has secured a major victory in its ongoing case against Memorial Hermann Health System arising from defamation, business disparagement, and tortious interference that harmed a Houston, Texas cardiothoracic surgeon.  On August 15, 2019, the Court of Appeals for the First District of Texas issued an opinion rejecting Memorial Hermann’s effort to overturn the jury’s $6.3 million verdict and the 333^rd District Court of Harris County’s Final Judgment

In a 67-page unanimous opinion, drafted by Justice Evelyn V. Keyes, the First Court of Appeals conducted a detailed review of the factual and legal arguments made by Memorial Hermann in an attempt to overturn the jury’s verdict.  The First Court of Appeals’ opinion overruled every single appellate point raised by Memorial Hermann.  Among other evidence relied upon by the First Court of Appeals was the testimony of multiple other physicians, including one physician who called Memorial Hermann’s actions “atrocious, damaging, [and] way over the line.”  The Court concluded by stating, “We affirm the judgment of the trial court.”

A copy of the Court’s full opinion is available at:  http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=f7fe57f6-0391-4b37-b4a1-ef46644e7356&MediaID=47305d53-844c-4dd0-b931-46e58546e260&coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&DT=Opinion

The First Court of Appeals Opinion is a significant victory in Doyle Dennis Avery LLP ’s ongoing fight against Memorial Hermann.  However, it does not necessarily end the case because Memorial Hermann is legally permitted to appeal further, including to the Supreme Court of Texas.  Doyle Dennis Avery LLP ’s attorneys are proud to continue in their fight to allow their client to rebuild his reputation.  If you have suffered from defamation by a hospital system or misuse of a hospital peer review process, Doyle Dennis Avery LLP ’s attorneys stand ready to assist in evaluating your potential claim.

An appeals court upheld a Harris County upheld jury verdict awarding a $6.4 million in damages to a well-regarded Houston heart surgeon who successfully claimed that Memorial Hermann Health System defamed his reputation in an effort to protect its business from other hospitals and competitors.

In a case closely watched in the medical community, the Court of Appeals for the First District of Texas recently let stand the 2017 jury verdict that found Memorial Hermann acted with malice by making false statements about the surgical competence of Dr. Miguel Gomez III.

Gomez claimed he was a star at Memorial Hermann hospital until he decided to shift his lucrative practice to Houston Methodist West. He sued Memorial Hermann seven years ago, contending the hospital launched a “whisper campaign” to smear his reputation to keep patients from following him to Methodist.

The case opened a window on the fierce battle among hospitals for market share and the lengths to which hospitals may go to protect their turf. Independent physicians with admitting privileges are vital to hospitals because they provide a steady stream of patients, and specialists such as Gomez, who perform procedures with high profit margins, are seen as particularly valuable. Hospitals fight hard to hold onto their top performers.

The Houston Police Officers Union is no longer paying for the legal representation of a former narcotics officer charged with felony murder in connection with a botched drug raid that left two people dead earlier this year.

Union officials on Tuesday confirmed the organization decided last week to stop paying the legal fees for the former police veteran, Gerald Goines, but declined to elaborate. Goines was charged with two counts of felony murder because the deaths occurred in the course of another alleged felony, tampering with a government record, stemming from the providing of false information to a magistrate in order to secure the warrant for the raid.