TopVerdict.Com
has listed Anthony J Baratta as settling one of the Top 20 Wrongful Death cases in the state of Pennsylvania in 2020. This case was also among the top verdicts in the entire Northeast according to Verdict Search.
News & Events
Top Wrongful Death Case Settlement in 2020
Top Settlement in Brain Injury Case
VerdictSearch has listed Anthony J Baratta as the attorney in the #1 Recreation Top Settlement that involved a bicyclist knocked down by a dog causing them to suffer a brain injury in the “2020 – Top Verdicts & Settlements in the Northeast”.
Montco Court Says Residence-Hopping Daughter Covered Under Parents’ Car Insurance – The Legal Intelligencer
The court held that Erie Insurance could be held liable for $200,000 in coverage for injuries sustained by Christiana Montesano while traveling from her mother’s home in Florida to her grandparents’ home in Alabama.
$750K Accord Reached in Fatal Hit-and-Run Involving Tow Truck
Dog Knocked Bicyclist to the Ground Causing Brain Injury
Pennsylvania Law Weekly – December 3, 2019
One Free CLE Credit – Reconstructing Nighttime Collisions: What Makes it Different?
This seminar examines introducing stimuli to the accident scene in order to calibrate the nighttime photograph and provide an accurate representation of what was available to be seen at the time of the collision.
At the end of the seminar attendees will be able to understand the nuances associated with reconstructing nighttime collisions and the general approach to determine when an object/pedestrian would be expected to be observed by a vehicle operator/pedestrian leading up to the collision.
To sign up:
email Carmen@barattarussell.com or call 215-914-2222 and speak with Carmen.
Verdict Search Pennsylvania – September 2019
(Another) STATE FARM FRAUD CLAIM AGAINST DOCTORS DISMISSED
On June 3, 2019, the Honorable K. Michael Moore, Chief District Judge of the Southern District of Florida, dismissed a claim of fraudulent billing brought by State Farm against a Miami Orthopedic physician. State Farm’s Complaint alleged that the defendant doctor, a solo-practitioner orthopedist, had submitted more than 1,700 bills for the treatment of auto accident patients over a period of more than 4 years, each one of which was alleged to have been entirely false and/or misleading because of certain CPT codes which State Farm claimed were incorrect based on a retrospective review of hundreds of claims.
State Farm’s Complaint alleged that the doctor’s bills had violated Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). Notably, the Complaint stopped short of specifically accusing the doctor of fraud.
State Farm’s accusation against this orthopod was yet one more piece of propaganda it has manufactured in Florida (and everywhere else around the country) designed to create the impression amongst legislators, regulators, judges and jurors that fraud is rampant within No-Fault medical benefits and bodily injury tort systems. State Farm has used frighteningly worded lawsuits making generalized accusations of fraud and assorted other statutory violations against doctors across the country who provide treatment to auto accident patients.
Unfortunately, these propaganda efforts have been successful, particularly in Florida, where legislators have been persuaded over the years to roll back many of the protections intended to be afforded by the PIP statute to injured accident victims in the name of curtailing the fraud State Farm’s lawsuits suggest is so rampant there.
Far more damaging to doctors than the erosion of their legal protections, however, has been the devastating financial impact of being sued by the world’s largest automobile insurance company for fraud. The accusation alone is often enough to destroy a doctor’s reputation and practice. But even if it is not, the crippling expense of fighting such lawsuits is often too much for a doctor to bear. This is why it is so critical that State Farm, or any other insurance company accusing a doctor of fraud, be forced to justify its accusations from the moment they are made and throughout every step of the litigation process.
In this case, counsel for the doctors, Andrew Baratta, Esquire, filed a Motion to Dismiss State Farm’s fraud claim. First, Baratta argued that State Farm was attempting to avoid the more stringent pleading requirements of the Federal Rules in fraud cases by merely alleging a FDUTPA violation. State Farm, he argued, must satisfy the particularity requirements for fraud pleading whenever its cause of action sounds in fraud, even if fraud is not specifically pled as a separate cause of action.
Baratta further argued that State Farm’s Complaint failed to comply with the stringent federal standard of fraud pleading by its failure to identify in a single instance how or why State Farm was actually misled by any bill or claim submitted by the doctor.
The Court agreed, finding that State Farm’s “allegations sound in fraud” and that its Complaint must therefore provide the particularity required of fraud allegations. The Court further wrote: “State Farm alleges that it was misled by ‘deceptive CPT codes’ submitted by Defendants without ever explaining how or why it was deceived by any specific claim or CPT code.”
This failure of pleading led the Court to Dismiss State Farm’s claim of a FDUTPA violation in its entirety. The finding is significant because State Farm has repeatedly argued in cases around the country that it is not required to identify how or why it was actually misled in any individual claim when alleging fraud in hundreds (or thousands) of claims at once. This more stringent standard of pleading will make it much harder for insurers to use manufactured claims of generalized “fraud” as a means of intimidation and coercion against doctors whose bills they hope to avoid paying.
If you have any questions regarding this case please contact Andrew Baratta directly at 215.914.2222 or Andrew@barattarussell.com.
Seminar: Why Most Estate Plans Fail and What to Do About It
Discover Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones including a discussion on Medicaid Planning.
May 16th @ 9:00 AM – DiFabio’s, Media , PA
Click on “Seminar” for more info!
Walk a Mile in Her Shoes – May 4th
Join us for Walk a Mile In Her Shoes®; an International Men’s March Against Rape, Sexual Assault and Gender Violence. This event is a fun way for men to raise awareness in our community about a very serious issue – Domestic Abuse.
Proceeds from the event will go directly to support Laurel House’s domestic violence shelter and supportive services. Each year Laurel House advocates provide life-saving services to over 1,700 individuals in the community who are impacted by domestic violence.
Anthony Baratta – Recipient of the First Judicial District Pro Bono Award for Court of Common Pleas Civil Trial Division
The First Judicial District hosted its annual Pro Bono Award Ceremony on Oct 24 recognizing the importance of lawyers from around the city who provide pro bono legal services and the role those services play in ensuring access and justice for the citizens of Philadelphia.
Anthony J. Baratta, Court of Common Pleas – Trial Division, Civil
The Legal Intelligencer, Wednesday, November 7, 2018
Andrew DiPiero, Esquire – National Board of Trial Advocacy Member for 20 years
The National Board of Trial Advocacy announced that Andrew DiPiero Jr. of Baratta, Russell & Baratta achieved recertification as a civil trial advocate.
DiPiero has been an NBTA member for 20 years.
He has represented hundreds of injured victims over the past 36 years. He is a member of the American, Pennsylvania and Philadelphia bar associations.
DiPiero is licensed to practice in Pennsylvania and New Jersey. He volunteers as a judge pro tempore for the Philadelphia Court of Common Pleas and is the co-chair of the Philadelphia Bar Association’s fee dispute committee.
Pennsylvania Law Weekly, Tuesday November 13, 2018
Sands Casino Denied Access To Social Media Accounts in Slip & Fall Case
The Sands Bethlehem Casino is out of luck in its bid to access a woman’s social media accounts to seek evidence that she was not as badly hurt from a slip-and-fall in the casino as she claimed.
Northampton Court of Common Pleas Judge Craig Dally denied Sands’ motion to compel plaintiff Catrina Allen’s username and password information for her Facebook, Twitter and Instagram accounts.
Allen claimed that a right shoulder injury sustained in the casino fall impaired her ability to do multiple activities. Sands sought to refute her story by getting hold of social media posts showing Allen engaged in the activities she said she couldn’t perform.
Sands claimed the evidence was relevant for damages purposes and for impeaching Allen’s credibility. Allen—who testified that, since the accident, she has not visited family, gone to the movies, bowled, or gone to the park with her children—said the posts at issue were consistent with her claims.
Ultimately, Dally said Sands was off point; a photo of Allen attending a baseball game or visiting family doesn’t mean she was performing strenuous activity she claimed she was unable to do.
“It is not Mrs. Allen’s contention that she has been rendered unable to engage in all the activities of daily living,” Dally said. “Rather, she claims that her activities of daily living have been limited by a right shoulder injury.”
The judge continued, “In the Facebook posts and in the portion of Mrs. Allen’s deposition relied upon by defendant in support of their motion, there is nothing to suggest the unreliability of Mrs. Allen’s claims with respect to the nature and scope of her injury, as none of the activities referenced show or suggest the strenuous use of her right shoulder.”
Dally acknowledged a difference between Allen’s deposition testimony and what was on Facebook, but said her legal claims held firm.
“While Mrs. Allen’s public Facebook posts controvert her deposition testimony, it cannot be said that they controvert her legal claims,” Dally said. “Accordingly, the court finds that defendant has failed to establish the relevancy prong of the portion of their request addressed to discovery of Mrs. Allen’s Facebook account.”
“Moreover,” he added, “defendant has made absolutely no attempt to establish a factual predicate in support of their request for access to her Twitter and Instagram accounts. Accordingly their discovery request is denied in its entirety.”
Robert J. Balch of Post & Schell represents Sands and declined to comment.
Anthony Baratta of Baratta, Russell & Baratta represents Allen and did not respond to a request for comment.
Estate Planning Seminar – Wills, Trusts & Nursing Home Asset Protection
Discover Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Please call 1-800-898-3572 if you are interested in attending. RSVP Code # 383709
or Register Online
www.seminar.rsvpyes.com/383709
Reservations are required. Seating is limited.
Estate Planning Seminar – Wills, Trusts & Nursing Home Asset Protection
Discover Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Please call 1-800-898-3572 if you are interested in attending. RSVP Code # 383709
or Register Online
www.seminar.rsvpyes.com/383709
Reservations are required. Seating is limited.
Estate Planning Seminar – Wills, Trusts & Nursing Home Asset Protection
Discover Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Please call 1-800-898-3572 if you are interested in attending. RSVP Code # 383709
or Register Online
www.seminar.rsvpyes.com/383709
Reservations are required. Seating is limited.
Estate Planning Seminar – Life, Love, Money and Curveballs
Discover Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Please call 1-800-898-3572 if you are interested in attending. RSVP Code # 380306
or Register Online
www.seminar.rsvpyes.com/380306
Reservations are required. Seating is limited.
Estate Planning Seminar – Life, Love, Money and Curveballs
Discover Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Please call 1-800-898-3572 if you are interested in attending. RSVP Code # 380306
or Register Online
www.seminar.rsvpyes.com/380306
Reservations are required. Seating is limited.
Estate Planning Seminar – Life, Love, Money and Curveballs
Discover Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Please call 1-800-898-3572 if you are interested in attending. RSVP Code # 380306
or Register Online
www.seminar.rsvpyes.com/380306
Reservations are required. Seating is limited.
CLE Presentation
Effective Ethical Negotiation Techniques
Baratta, Russell & Baratta is Expanding Our Expertise and Adding an Office in Media, PA
Baratta, Russell & Baratta (“BRB”) is proud to announce that David T. Videon, Esquire, has joined the firm, Of Counsel.
BRB has also expanded into Media with a new office location at 1000 North Providence Road, Media. This office will permit BRB to service our expanding client base.
Dave Videon brings with him more than thirty years of experience serving clients in the areas of Estate Planning and Administration as well as general Business law. Dave has had a stellar legalcareer and he is known for his sincere commitment to his clients. Joining BRB will permit Dave to continue serving his clients in the Media and Delaware County areas as well as adding depth to BRB’s Estate Planning and Administration practice.
We are honored to have such an esteemed attorney as Dave join our firm. His impeccable reputation as Judge, Attorney, and Business Owner as well as his involvement and commitment to the Delaware County community are the values we admire at BRB.
Dave’s roots run deep in Delaware County. He has volunteered, been elected, held, and worked in numerous positions of ultimate trust, including:
- Attack Helicopter Pilot R Vietnam ’69-’74 (and later in the US Army National Guard and Reserve). Retired with the rank of Lt. Colonel
- Elected District Justice for thirty years for Newtown Edgemont Township (’76-’06)
- Funeral Home Director for the Frank C. Videon Funeral Home (’90-present)
- Attorney at law at the David T. Videon Law Offices
- Serving as a member of his church, the Wayne United Methodist Church.
Dave has been married for 49 years to his wife Lynn and has four daughters.
With Dave and the new Media office, BRB continues to move into the future with expanded resources and expertise.
Featured in Plexus – A Chiropractic Publication – “The Fraud Next Door…. Is You”
Do you bill insurance companies for the treatment of patients injured in auto accidents? Did you know you are a fraud?
Inventing Fraud for Profit
In the 1990’s, global consulting giant McKinsey & Company revolutionized the way auto insurance companies handled bodily injury claims by showing them how they could use their claims operations as profit generators.
McKinsey identified that of the tens of thousands of bodily injury claims being made daily across the country as the result of auto accidents, the largest majority could be classified as “Minor Accident Soft Tissue Injury” (MIST) claims. Because these claims involve relatively minor property damage and mostly subjective injuries, McKinsey advised that insurers could dramatically drive down the costs of these claims simply by handling them all as fraudulent.
Over the past two decades, the entire insurance industry has adopted varying versions of McKinsey’s “fraud funnel” to reduce claims payments by billions of dollars every year. The idea is simple: Invent a new definition of fraud which enables the accusation to be made in virtually any claim. This was accomplished with the invention of “fraud indicators”.
There are now hundreds and hundreds of “fraud indicators” which insurers apply to every kind of claim in order to feed the fraud funnel. Most relevant and alarming to chiropractors, though, should be the fact that treatment with a chiropractor is a fraud indicator in any bodily injury claim.
Estate Planning Seminar – Life, Love, Money and Curveballs
Discover Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Call the office at 215-914-2222 if you are interested in attending. Please ask for Angela.
Reservations are required. Seating is limited.
Estate Planning Seminar – Life, Love, Money and Curveballs
Discover Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Call the office at 215-914-2222 if you are interested in attending. Please ask for Angela.
Reservations are required. Seating is limited.
Estate Planning Seminar – Life, Love, Money and Curveballs
Discover Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Call the office at 215-914-2222 if you are interested in attending. Please ask for Angela.
Reservations are required. Seating is limited.
Estate Planning Seminar – Life, Love, Money and Curveballs
Discover the Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Call the office at 215-914-2222 if you are interested in attending. Please ask for Angela.
Reservations are required. Seating is limited.
Estate Planning Seminar – Life, Love, Money and Curveballs
Discover the Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Call the office at 215-914-2222 if you are interested in attending. Please ask for Angela.
Reservations are required. Seating is limited.
Estate Planning Seminar – Life, Love, Money and Curveballs
Discover the Strategies to Protect Yourself, Your Assets and Provide for Your Loved Ones
Call the office at 215-914-2222 if you are interested in attending. Please ask for Angela.
Reservations are required. Seating is limited.
Judge OKs Stacked UM/UIM Benefits Absent New Waiver
The Legal Intelligencer
May 26, 2017
A Monroe County judge has ruled that a driver with an insuanrace policy covering four cars is intitled to $400,000 in stacked uninsured/underinsured motorist benefits because he did not sign new waivers when he added his most recent vehicles to the policy.
How To Help Your Med Mal Verdict Survive on Appeal
By Y. Peter Kang
Law360, Los Angeles (May 16, 2017, 9:28 PM EDT)
Attorneys for medical malpractice plaintiffs who win a jury or bench verdict can steel themselves for a likely appeal by being acutely aware of disputes over evidence and jury instructions and laying the groundwork before, during and after the trial to ward off those challenges. (more…)
Pa. Judge Backs $625K Jury Award In Needless Surgery Case
Law360, Los Angeles (May 9, 2017, 8:39 PM EDT) A
Pennsylvania federal judge on Monday declined to disturb a $625,000 jury award in a suit accusing a doctor of performing an unnecessary surgery to remove a noncancerous mass that turned out to be nonexistent, saying the award was reasonable. (more…)
Philadelphia VIP
Tony Baratta is a Volunteer and Board Member of the Philadelphia VIP, a non-profit that offers pro-bono legal services for residents of Philadelphia. Here is a story that was recently published in the Philadelphia VIP newsletter.
Tonia’s Story – Preventing Homelessness
Tonia, a teacher and long-time Philly resident, inherited her family home and has fixed it up piece-by-piece over the years. “I do what I can,” she says. “I don’t have much, but with every income tax, I try to find something new to fix.” (more…)
Covenant House Pennsylvania hosted the first annual Sleep Out
Fox News
April 29, 2017
Baratta, Russell & Baratta’s Courtney Zeuner participated in Covenant House Pennsylvania’s 1st Annual Sleep Out : Women Unite.
On April 28, 2017, Covenant House Pennsylvania hosted the first annual Sleep Out: Women Unite. At this inaugural event, 45 women slept on the street and raised over $50,000 for homeless, runaway, and trafficked girls throughout the Philadelphia region.
In an inspirational evening held at the shelter, the participants met our staff and kids, heard their stories, gained a deeper understanding of the issues they face, and learned all about Covenant House’s programs and services. At around 11:00 p.m., the ladies were handed a sleeping bag, a garbage bag, and a cardboard box and headed outside of the shelter to sleep on the street in an act of solidarity with our homeless young people.
Pa. Fed Jury Awards Couple $625K Over Needless Surgery
Pa. Fed. Jury Awards Couple $625K Over Needless Surgery
By Y. Peter Kang
Law360, Los Angeles (March 21, 2017, 6:15 PM EDT) A
Pennsylvania federal jury awarded a New Jersey couple $625,000 in a medical malpractice suit accusing a doctor of performing an
unnecessary surgery but cleared two other doctors of liability, according to documents filed in federal court Monday. (more…)
$625,000 Verdict in Medical Malpractice Case
On Friday March 17th, a Jury returned a verdict for our client vs. Tuan Le, M.D. et al., awarding $625,000 in damages. (more…)
Federal court dismisses State Farm’s medical fraud action against chiropractic firms
A fraud action brought by State Farm Mutual Insurance Company against a pair of medical providers and their employees has been dismissed in federal court, with the plaintiffs given leave to amend their complaint.
CLE Presentation
Various ways insurance companies attack treating doctors to devalue personal injury claims and the simple steps you can take to protect your injured clients.
Brain Injury Association of Pennsylvania Annual Conference
The Assessment of Decision-making Capacity after Acquired Brain Injury: Legal and Neuropsychological Perspectives – Determining decision-making capacity after acquired brain injury is a challenging task even for the most experienced clinician. In this presentation, we present the medico-legal issues and process related to determining capacity, the research and recommendations regarding the components of a capacity evaluation, and clinical case examples outlining the process of assessment.
