Surgical center claims unauthorized lawsuit resulted in counterclaim costing $2.1M
A surgical center in Naples, Florida, claims that lawyers in Miami and New Jersey filed an unauthorized lawsuit on its behalf that it didn’t discover until the defendant filed a $29 million counterclaim.
The Gladiolus Surgery Center settled the counterclaim for $2.1 million in November and is seeking that amount from the lawyers in a suit filed last week, the Daily Business Review (sub. req.) reports.
The surgery center says the unauthorized suit, filed in 2010, claimed United HealthCare had failed to pay facility fees. United HealthCare’s counterclaim alleged fraudulent billing practices.
The defendants accused of filing the unauthorized suit are New Jersey law firm Lampf, Lipkind, Prupis & Petigrow and Miami lawyers Martin and Jane Raskin.
Lampf Lipkind denies liability. Andrew Epstein, a lawyer with the law firm, wouldn’t discuss details with the Daily Business Review but told the publication, “People put stuff in complaints that are not based on facts.”
A lawyer for the Raskins, who are husband and wife, said they served as local counsel in the litigation. The lawyer, Robert Cousins, told the Daily Business Review that the unauthorized lawsuit allegation “is categorically unfounded because we have a signed retainer agreement, signed by representatives of Gladiolus.” Cousins refused to disclose who signed the retainer.
Miami lawyer Warren Trazenfeld represents Gladiolus Surgery Center in the suit against the lawyers. He told the Daily Business Review it’s possible that a minority owner of the surgery center hired the lawyers, but the minority owner no longer had an interest in the center when the unauthorized case was filed in 2010.
