Case Results

RN v. BON

Client was the primary nurse for a medically complex patient who coded while under his care and subsequently expired several days later. After responding to the nursing Board’s allegations that the client failed to properly assess and intervene, the Board proposed a two-year Agreed Order of probated suspension. After careful preparation and extensive review of the relevant materials (which included witness affidavits, communication logs, medical records, and cardiac rhythm strips, among other things), the firm prepared for and attended an Informal Settlement Conference (ISC) with the client where they presented a solid case that the client had appropriately assessed and intervened on behalf of this particular patient, and that her eventual unfortunate demise was the result of factors beyond the client’s control. The BON panel decided to close their investigation without any disciplinary action.

Applicant v. BLE

The applicant received significant discipline while in law school based on a determination they had engaged in a non-consensual intimate encounter with another law student. The Board of Law Examiners made a preliminary finding that the applicant lacked the good moral character and fitness required for admission as an attorney. We appealed and the client’s case went to a hearing before three Board members. Our presentation focused on an acceptance of responsibility and personal growth while also establishing important extenuating circumstances surrounding the event at issue. The Board members decided the client did possess good moral character and fitness and the client was licensed as an attorney.

DEA v. Pharmacy

The DEA alleged our client, an independent retail and compounding pharmacy, had sold controlled medications via invalid prescriptions and failed to keep records required under the Controlled Substances Act and Code of Federal Regulations. The DEA and DOJ demanded client pay $1.78 million in civil penalties. Through successful representation, the client’s case settled for a penalty of $45,000 payable over a period of time.

TSBD v. Dentist

Case involved a general dentist whose practice focused almost exclusively on implants and other advanced restorations. Client had an extensive disciplinary history and was already on probation with the Board when a new complaint was filed. The Board alleged the client failed to diagnose generalized bone loss and advanced periodontal disease before placing implants. Client also alleged to have not addressed patient’s smoking and drinking habits prior to treatment. The patient experienced the failure of multiple implants, likely due to their habitual drinking and cigar usage. The case proceeded to an informal conference where evidence presented that client’s accurately diagnosed patient and repeatedly counseled them on the need to change their smoking and drinking habits. Case dismissed.

LMFT v. Texas State Board of Examiners of Marriage and Family Therapists

The LMFT had been disciplined in another state after having an intimate relationship with a client. Since the underlying allegation could not contested, the client’s defense focused on showing their acceptance of responsibility and completion of remedial steps such as completing an advanced course on professional boundaries. The LMFT Board allowed the client to continue practicing subject to a probationary order.