Block & Scarpa (Michael Kissner; Eric Eber)

Motion to Strike Medical Bills granted

Stuart Partner Nora Bailey, Esq., prevailed on a Motion to Strike the Plaintiff’s medical bills in a motor vehicle/personal injury matter styled Plaintiff v. Day Boat Seafood. Plaintiff received treatment after a rear-end accident from Dr. Kyle Moyles, who then operated on him at Intracoastal Surgery Center. Dr. Moyles failed to disclose his ownership interest in the surgical center to the Plaintiff, in violation of section 456.052, Fla. Stat. (2023). Accordingly, pursuant to section 456.053, Dr. Moyles’ bills were uncollectable due to his failure to comply with the disclosure requirements. Judge Waronicki found that because he failed to provide the required disclosures and his bills were therefore uncollectable, all charges related to Dr. Moyles and his practice, Blackstone Hand Center, were stricken and could not be presented to the jury at trial as it would result in an unfair windfall to the Plaintiff. This reduced boardable bills in the case by almost $60,000.00 and eliminated the ability for the Plaintiff to claim multiple hand/wrist surgeries as damages. Read More.