florida cancer specialists lawsuit 2020paterson street cleaning schedule 2020

A .gov website belongs to an official government organization in the United States. Nov. 13, 2021, 1:25 a.m. EST, Assigned To: Signed by Judge Sheri Polster Chappell on 4/24/2019. Showing 1-1 of 1 Location . The United States worked cooperatively with FCS to identify the remaining amount of the overpayments made by the VA to FCS. Click the citation to see the full text of the cited case. Fort Myers, FL United States Attorney Maria Chapa Lopez announces that Florida Cancer Specialists & Research Institute, LLC (FCS), an oncology group headquartered in Fort Myers, Florida,has agreed to a civil settlement that will return $2,341,508.91 that was overpaid by the Department of Veterans Affairs (VA) for certain claims relating to physician-administered drugs. It has also secured the services of Kroll to provide assistance with questions at 866-461-1540. Florida Cancer Specialists And Research Institute Office Locations . Fort Myers, Fla., Oct. 22, 2020 Since June 2016, Florida Cancer Specialists & Research Institute (FCS) has participated in the Oncology Care Model (OCM), a national innovative payment program designed to lower the costs of cancer care nationwide, while maintaining high-quality enhanced . Florida Cancer Specialists is among the largest oncology and hematology medical practices in Floridawith approximately 100 offices and more than 200 doctors . Thousands of Florida high school seniors might not graduate. The waiver also extends to any other employees who, during the term of the DPA, open or join an oncology practice in Southwest Florida. In the meantime they advised I go to Quest to see if they could do the test. Circuit Judge Kathryn Weston found that the agreement between the health system and Florida Cancer Specialists to not compete with each other over medical oncology, radiation oncology and cancer imaging services in Volusia and Flagler counties violated Floridas antitrust law and is a naked horizontal market allocation.. (Doc. (Yormak, Benjamin) (Entered: 05/30/2019), Unopposed MOTION for leave to file Reply in Support of 15 Motion to Dismiss by Florida Cancer Specialist, P.L.. (Matthews, Michael) (Entered: 06/07/2019), ENDORSED ORDER granting Defendant's Unopposed Motion for Leave to File Reply in Support of Motion to Dismiss (Doc. Mid-Florida's complaint cites documents stating the goals of AdventHealth and FCS were to "run out the competition." The suit cites Florida's antitrust law, the Florida Unfair and Deceptive Trade . Florida Cancer Specialists CEO Brad Prechtl in 2016 donated $5,400 to the Trump Make America Great Again committee, a joint fundraising committee that supported the Trump campaign and the Republican National Committee. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. (NM) (Entered: 08/03/2020), NOTICE of mediation conference/hearing to be held on November 10, 2020 at 9:00 A.M. before Mr. Mark Hanley. I paid $40 copayment at my last appt and received no service, instead the office rescheduled me. We will not allow market-disrupting practices like the intentional elimination of competition through coordinated geographic or product market allocation to negatively impact health care consumer choice.. She said she sees the note that was left from ****** but hasnt received any word back yet. They also refused to reschedule my treatment for the following business day while they were attempting to collect a debt. 8-18-2020 first MS infusion treatment. To carry out the conspiracy, FCS and Company A agreed that FCS would not employ radiation oncologists and Company A would not employ medical oncologists in Southwest Florida, and maintained the allocation agreement by working together to prevent competition from third-party oncology treatment providers unaffiliated with either FCS or Company A in Southwest Florida. Florida Cancer Specialists And Research Institute . Since I needed this consultation, I figured I would straighten out the finances later. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. She stated there was no one else I can speak with about this. . We drove 35 mins to Winter Garden for our consultation, gas, tolls, lost money for our preop appointment plus the lost hours at work to accommodate the appointment only to then be billed $57.16 by FCS. (239) 561-9622. Health News Florida | (SPB) (Entered: 04/09/2019), STANDING ORDER: Filing of documents that exceed twenty-five pages. Please see the attached BCBS letter of explanation, I'm disappointed with them too, 34 yrs of paying them smh Thanks for considering, ****************. The complaint said the alleged wrongdoing lasted for at least six years, ending in 2016. I agree to be emailed to confirm my subscription to this list, Program Safeguards Would Have Saved Medicare Money on Drug Testing, PhRMA Submits Comments to USITC Regarding Section 332 Investigation, Florida Cancer Specialists Admits to Antitrust Conspiracy. : Help us remember them, UNEMPLOYMENT Q&A: We answer your questions about Florida unemployment benefits, CONTRIBUTE TO THE SCRAPBOOK: Help us tell the story of life under coronavirus, BRIGHT SPOTS IN DARK TIMES: The world is hard right now, but theres still good news out there, LISTEN TO THE CORONAVIRUS PODCAST: New episodes every week, including interviews with experts and reporters, HAVE A TIP? If you are not a monthly donor, we allow five alerts and give a bonus of 10 alerts to anybody with the RECAP Extension installed. The next month I received another bill for the same $33 co-pay for the Vero visit and called the billing department again on Feb 17 and spoke to *****. 41). The company was not required to admit criminal wrongdoing. Last year, it paid $26million to settle a lawsuit over improper medical referrals and a $2.3 million fine to the U.S. Department of Health and Human Services related to the 2015 data breach. ) or https:// means youve safely connected to the .gov website. AdventHealth officials said they could not comment on pending litigation, but its attorneys have previously denied Mid-Floridas allegations, saying that the goal of the contract was to provide more coordinated care to cancer patients and to improve the delivery of cancer care in the region. In-Office Appointments. Florida Cancer Specialists. St. Anthony's Hospital Former Florida hospital executive and Pennsylvania congressman Jason Altmire said the massive federal grant shouldnt have been awarded to a healthcare business that was simultaneously paying a huge fine for conspiring against patients. 48), under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). FCS withheld medical treatment until they could confirm payment for the previous services rendered on Feb 26 and January 15 were paid and the insurance company would not attempt to re-capture the payment. An unprofessional nurse verbatim told her she didnt need to get in the middle of it. The only code referenced is TAMwhich simply means the blood was drawn in Tampa. Well guide you through the process. You already receive all suggested Justia Opinion Summary Newsletters. International Association of Better Business Bureaus. Frank Gluck is a watchdog reporter with The News-Press and the Naples Daily News. (Yormak, Benjamin) Motions referred to Magistrate Judge Mac R. McCoy. FCS also failed to validate the debt (which was paid by medical insurance on March 22, 2021). FCS, an oncology group headquartered in Fort Myers, Florida, allegedly agreed not to compete with one of its competitors in Collier, Lee, and Charlotte counties in Southwest Florida. Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group headquartered in Fort Myers, Florida, was charged with conspiring to allocate medical and radiation oncology treatments for cancer patients in Southwest Florida, the Department of Justice announced. 6 complaints closed in the last 12 months. Then you charge us for a visit we never had to have in the first place. (Yormak, Benjamin) (Entered: 08/10/2020), ORDER re 46 Notice of Settlement. Thomas Sullivan is Editor of Policy and Medicine, President of Rockpointe Corporation, founded in 1995 to provide continuing medical education to healthcare professionals around the world. The Justice Department did not return a request for comment. Fast forward to Apr26 we contacted FCS further while at the appointment to receive the release, we got the absolute runaround and we forced to give up our preop appointment in Winter Garden. FCS has agreed to pay a $100 million criminal penalty the statutory maximum and to cooperate fully with the Antitrust Divisions ongoing investigation. Florida Cancer Specialist will also maintain an internal program to ensure the company preventsfuture criminal antitrust violations, the department said. 10-13-2020 second MS infusion treatment. 2012). Suite 3200 On 01/31/2022 I was Charged $9763.53 for chemotherapy in advance of treatment even though I have health insurance. Like hundreds of community-based oncology centers across the United States, we received this grant to offset costs associated with the impact of the COVID-19 pandemic, Florida Cancer Specialists Chief Legal Officer Tom Clark said in the statement. I also checked with Labcorp and was told no as well. Again I showed the letter from the VA and was permitted to be seen by her and did receive a consultation. In a statement, Florida Cancer Specialists said Friday that coronavirus relief dollars from taxpayers will not be used to pay back their fines. I was seen at the VA hospital in ***************, ** in Nov 2022. Ron DeSantis Tampa Bay hometown has evolved. I requested refund and received nothing. Policy & Medicine - Legal, Regulatory, and Compliance Issues. Well deliver the latest news and information you need to know every weekday morning. treatments provided to cancer patients in a tri-county area of Southwest Florida between 1999 and 2016. The unauthorized person gained access to Blackbauds system between Feb. 7 and May 20 and may have acquired a backup of the database, which may have included name, address, date of birth, medical record number, date of admission, patient location, patient type, gender, email address, employer name and address, and treating physician. Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 7/16/2019. Medical clearance for the fertility clinic? She has not received a response. From Free Law Project, a 501(c)(3) non-profit. BBB Business Profiles generally cover a three-year reporting period. According to a one-count felony charge filed today in the U.S. District Court in Fort Myers, Florida, FCS participated in a criminal antitrust conspiracy with a competing oncology group in Collier, Lee, and Charlotte counties (Southwest Florida). 1 ORDERED in Fort Myers, Florida, on October 23, 2020. Signed by Magistrate Judge Mac R. McCoy on 8/3/2020. To resolve the claims alleged against it, FCS entered into a deferred prosecution agreement (DPA) with the DOJ. leAD Lake Nona Sports & Health Tech Accelerator, a joint venture between IeAD Sports & Health Tech Partners, a sports and health tech investment platform, and Lake Nona, has selected six startups for its inaugural 2020-2021 cohort. Fla.), From A spokesperson for Miami-based Jackson Memorial Health System, Floridas largest hospital, said the public health system is confident that future rounds of funding from HHS will prioritize hard-hit areas. 3402 W Dr. Martin Luther King Jr. Blvd . Called Kelly at FCC she seemed just as surprised about bill. Fort Myers, Fla., February 10, 2020 Florida Cancer Specialists & Research Institute (FCS) has met the accreditation standards required by the Better Business Bureau for membership and has received the organization's A+ rating. The company must use distributed funds for COVID-19 purposes and we have obtained that assurance from them.. This office charged me $75.81 for a co-pay for a doctor visit that did not happen also. The claims resolved by the settlement are allegations only and there has been no determination of liability. And Plaintiff may file a sur-reply brief, not more than eight (8) pages in length, on or before July 1, 2019. Fort Myers, FL - United States Attorney Maria Chapa Lopez announces that Florida Cancer Specialists & Research Institute, LLC (FCS), an oncology group headquartered in Fort Myers, Florida, has agreed to a civil settlement that will return $2,341,508.91 that was overpaid by the Department of Veterans Affairs (VA) for certain claims relating to The deal isthe latest, and most expensive,in a series of multimillion-dollar payouts by the region's top cancer providers in the last few yearsto settle allegations of improper business practices. Connect with him at fgluck@news-press.com or on Twitter:@FrankGluck. FCS has also agreed to maintain an effective compliance program designed to prevent and detect criminal antitrust violations. was misnamed. Marianne K. Parker, a Claims Resolution Specialist with FCS, filed a qui tam complaint in the Middle District of Florida after contacting the VA Office of Inspector Generals hotline concerning her discovery that FCS was being overpaid by the VA for physician-administered drugs. I was given this order in roughly November of 2022. No medical services or advice was provided to me as a tactic to collect a debt. FCS and its co-conspirators agreed not to compete to provide chemotherapy and radiation treatments to cancer patients in Southwest Florida. To create additional alerts, please install the RECAP Extension or become a monthly donor. Florida Cancer Specialist is using abusive debt collection tactics that violates the Florida Consumer Collection Practices Act. The Florida civil settlement requires FCS to pay US$20 million in disgorgement of profits over four years and to undertake a robust compliance program to ensure conformity with state and federal antitrust laws. Company D is described as a Delaware company, a "large health care system that operates multiple hospitals and other facilities throughoutFlorida.". Filing 1 COMPLAINT against Adam Derringer, Valerie Eastwood, Florida Cancer Specialists & Research Institute, LLC, Rich MacClary, Chris Purdy, Tara Ruska, Denice Veatch, Nathan Walcker with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18607350) filed by Awais M. Khan. Signed by Judge Sheri Polster Chappell on 7/5/2019. Related document: 22 MOTION for Lori A. Rubin to appear pro hac vice. Save my name, email, and website in this browser for the next time I comment. I subsequently received a bill for $1,106.33 Whats the point of having insurance if they can just add more charges the insurance won't pay and pass on to me? The Impact of COVID-19 on the Hospitality Industry, CMS Launches Program to Lower Insulin Costs, DOJ Announces Kickback Settlement with Neurosurgeon and His Fiance, DOJ Withdraws Three Policy Statements Regarding Health Care Antitrust Enforcement, United States Files Complaint in Intervention in FCA Case with Rite Aid, Fiscal Year 2022 False Claims Act Settlements and Judgments Exceed $2 Billion. United States ex rel. This civil settlement reinforces the VA-OIGs commitment to safeguarding the integrity of VAs healthcare programs and preserving taxpayer funds for their intended purposes.". I spoke with multiple contacts at the Doctors office (727-821-0071) over the year including the Clinic Financial Manager (Kim) on March 3rd 2021 who assured me it would be corrected and that the correct codes would be submitted. AdventHealth is installing more than 1,800 solar panels atop its newest parking garage at its flagship campus in Orlando, saving more than $4.6 million in energy costs. Relator appealed the district court's dismissal of his Fifth Amended Complaint, which asserts claims under the False Claims Act and related state laws against certain healthcare providers, physician oncology practices, and group purchasing organizations. Altmire said he wasnt aware that Florida Cancer Specialists had received $67 million from the CARES Act, but called their antitrust practices an egregious and textbook example of collusion.. 1201 5th Avenue N Per our ****************** Manager, she had a conversation with patient's husband and issue has been resolved. The companies agreed that Florida Cancer Specialists would not offer radiation oncology treatments in Southwest Florida and that Company A would not offer medical oncology services. We will use every tool at our disposal to ensure that the public has access to a competitive marketplace for healthcare.. The form should have been completed in the days leading up to our preop consultation and if it couldnt, anyone in the office could have made an attempt to contact us. Mid-Florida Cancer Centers hopes this ruling will help the parties reach a resolution that allows cancer patients in Volusia and Flagler counties to enjoy the benefits of competition and to be seen by their treating oncologist when those patients are admitted to Adventist hospitals, which is critically important for continuity of care, a Mid-Florida attorney said in a statement. Mid-Florida Cancer Centers, an independent oncology practice in Central Florida, which has been pursuing a lawsuit against AdventHealth for five years with allegations of anti-competitive practices, scored a partial win earlier this month when a judge ruled that AdventHealths exclusive agreement with Florida Cancer Specialists violated the states antitrust law. Not long after that breach, the company also paid outa combined $54.5 million to settle two federal investigations into alleged fraudulent billing. Florida Attorney General Ashley Moody also announcedlast weekthe company will pay $20 million over four years to settle a civil antitrust investigation into allegations the company conspired with others to divvy up cancer patients throughout Southwest Florida. (Entered: 07/31/2020), Extension of Time to File Response / Reply, ENDORSED ORDER granting 42 Unopposed Motion of Defendant Florida Cancer Specialists for Enlargement of Time to File Reply in Support of Motion for Summary Judgment and for Three Additional Pages. U.S. Government Plaintiff, COMPLAINT against Florida Cancer Specialist, P.L. The investigation was handled by Assistant U.S. Attorney Kyle S. Cohen, with assistance from the Department of Veterans Affairs Office of Inspector General. If you believe that you were a victim of this crime, please visit http://www.justice.gov/atr/victims-rights. The Second Circuit vacated and remanded for the district court to determine whether the False Claims Act's public disclosure bar applies to relator's claims. filed by Virgina Brooks. We then proceeded direct to FCS off **** to where we attempted to retrieve the ****** release. Additionally, the agreement includes a non-compete waiver aimed at increasing competition in the treatment of cancer patients in Southwest Florida. (SMG). (SMG) Download PDF. According to the lawsuit, Florida Cancer Specialists and 21st Century Oncology paid "millions of dollars to each other in the form of exclusive patient referrals in order to secure their. 47), the parties have filed a stipulation of dismissal with prejudice, (Doc. (SMG) (Entered: 07/30/2020), RESPONSE in Opposition re 35 MOTION for Summary Judgment and Memorandum in Support Thereof and incorporated memorandum of law filed by Virgina Brooks. Anyone with information on market allocation, price fixing, bid rigging, or other anticompetitive conduct in the health care or any other industry should contact the Antitrust Divisions Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html. Visit Website. JOHN L. BADALAMENTI, District Judge. In court documents filed last weekin Leon County, the Attorney General's office also identified other companies, with whom Florida Cancer Specialists had been conspiring for a least six years, ending in 2016. On April 30, 2020, a one-count felony charge was filed against Florida Cancer Specialists & Research Institute (FCS), alleging that the company participated in a criminal antitrust conspiracy with a competing oncology group Company A. FCS debt collection tactics violates Florida Consumer Collection Practices Act. FCS also agreed to fully cooperate with the ongoing DOJ investigation and maintain an effective compliance program designed to prevent and detect criminal antitrust violations. with Jury Demand Filing fee $ 400.00, receipt number FTM011194 filed by Virgina Brooks. Tampa,FL 33602. Help? Anago Franchising, Inc. v. Shaz, 677 F.3d 1272, 1278 (11th Cir. They didnt. 8-11-2020 Kelly asked me to come sign paperwork so she can contact ********************* (************ spoke with *****) which I quilified for a grant. The charge was filed in the United States District Court in Fort Myers, Florida. Further, Blue Cross Blue Shield notified FCS on March 10, 2021 for the need to submit additional documentation for the payment. Plaintiff's claims against Defendant are DISMISSED WITH PREJUDICE. Another Fort Myers-based cancer-care giant, 21st Century Oncology, paid $26 million in 2018 to settle a lawsuit over improper medical referrals. 2023, International Association of Better Business Bureaus, Inc., separately incorporated Better Business Bureau organizations in the US, Canada and Mexico and BBB Institute for Marketplace Trust, Inc. All rights reserved. United States District Court, M.D. Signed by Judge John L. Badalamenti on 9/15/2020. 15 or so tubes (my approximation) of blood were sent out during two different visits, the second being " follow **** all labs were paid by insurance except for the test I am filing against.I have made it clear to them I no longer will have insurance after the new year, do what ya need to do now! Secure .gov websites use HTTPS And 10-6-2020 was the only time Healthwell foundation was contacted only in portal never by phone to attempt a grant for me. The Clerk is DIRECTED to terminate all pending motions 35 and close the case. Does it still claim him? Tel: (813) 875-3950 . We are pleased that Florida Cancer Specialists cooperated with the investigation and will return the overpayment back to the VA. Any other providers who received such overpayments should follow suit., David Spilker, Special Agent in Charge, VA-Office of Inspector General, stated, The VAs Community Care program provides veterans with the ability to obtain critical healthcare services from providers in their community. 3-9-2021 Frank called to set up my next treatment but waiting on grant to be approved. no reply. These hospitals are evaluated on patient outcomes, nurse staffing, services and more, and are listed . Their actions put my health and welfare at risk in the middle of a pandemic. Part of the impetus behind opting for a DPA was that if FCS were convicted on the charges, it would likely result in its exclusion from all federal health care programs under 42 U.S.C. It also paid a $2.3 million fine to the federal government related to a 2015 breach of patient records. Money designated for the medical care of our veterans is a precious commodity, said United States Attorney Chapa Lopez. Click on the case name to see the full text of the citing case. The civil settlement will conclude the lawsuit filed by Ms. Parker and she will receive 20% of the recovery. Plaintiff's claims against Defendant are DISMISSED WITH PREJUDICE.1. We will not tolerate funds federally distributed to address serious COVID-19 concerns to go towards resolving outstanding obligations by this company to the State of Florida, Florida Attorney General spokesperson Lauren Cassedy said in an email in response to questions from the Herald. When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. 1320a-7 for a period of at least five years, and that such an exclusion would result in substantial consequences to not just the patients covered by federal healthcare programs, but also those outside the federal healthcare programs and those involved in ongoing clinical trials, as well as FCS employees. What's behind the shortages of Adderall, Ozempic and other meds? They are expected to be on-site in Lake Nona in early 2021 for a six-month program. (Attachments: # 1 (Index of Exhibits), # 2 Exhibit 1 - Q4 2016 Performance Review, # 3 Exhibit 2 - Decl. (ARC), ORDER granting 22 Motion for Permission for Lori A. Rubin to Appear Pro Hac Vice. Florida Cancer Specialists said that coronavirus relief dollars from taxpayers will not be used to pay back their fines. Attorney General Ashley Moodys office has reached a $20 million settlement in a probe into whether a major cancer-treatment firm improperly worked with competitors in dividing up care in the state. The office staff told us to wait and we were brought into a room to be seen by **************. I've never heard back from Florida Cancer Center **************** except to be billed for a service that basically gave me nothing. They sent me with the attached letter that said I would not have to provide copay to the doctors office (See last line of final paragraph). (McCoy, Mac) (Entered: 06/20/2019), MOTION for Lori A. Rubin to appear pro hac vice by Florida Cancer Specialist, P.L.. (Matthews, Michael) Motions referred to Magistrate Judge Mac R. McCoy. Related case(s): No. The startups include TERSA from Los Angeles; KinoTek from Portland, Maine; Nestre based in Lake Nona; Phlex from Fort Lauderdale; AgeRate from Toronto, Canada; and Break the Love from New York City. Contact Data. We are pleased to be resolving these past issues so we can continue to focus on providing our patients with world-class cancer care in community-based settings, close to home, Gordan said. Have unsuccessfully attempted to get this resolved with multiple contact to Florida Cancer Specialist finance department. DOJ Announces Kickback Settlement with Neurosurgeon and His, DOJ Withdraws Three Policy Statements Regarding Health Care, United States Files Complaint in Intervention in FCA Case. I called to speak with the billing department on Jan 23, spoke with ****** and reviewed the letter which she stated she had in her files. AdventHealth has mailed letters to all affected individuals and is reevaluating its relationship with Blackbaud, the health system said. They ran it again. The recognition was announced at FLASCO's Annual Gala held on April 14 in Orlando. October 23, 2020. The Clerk is directed to lift the seal on the 1 Complaint, 2 Government's Notice, and this Order. 2020) Relator appealed the district court's dismissal of his Fifth Amended Complaint, which asserts claims under the False Claims Act and related state laws against certain healthcare providers, physician oncology practices, and group . On April 30, 2020, the United States Department of Justice Antitrust Division (DOJ) announced that it had brought a one-count felony charge against Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group headquartered in Fort Myers, Florida, for conspiring with another provider group to allocate cancer patients in Southwest Florida Cancer Specialists received more money from the first round of CARES Act funding than any other cancer-specific hospital, clinic or related provider around the country, according to a Miami Herald analysis of healthcare provider data compiled by HHS. They referred me to the office of ****************************************** to review my bloodwork as an oncology specialist. The newly constructed, 50,000 square foot facility located in Fort Myers, serving the more than 230 physicians who practice at FCS' campuses throughout the state. (Yormak, Benjamin) Motions referred to Magistrate Judge Mac R. McCoy. But the case is not over. Florida, Fort Myers Division. Photographer: Andrey Popov/ARCHIVO/Getty Images/iStockphoto, Mid-Florida Cancer Center scores partial win in, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), The new OrlandoSentinel.com: FAQs and more, Mid-Florida Cancer Center scores partial win in AdventHealth lawsuit, 5 burning questions as Lightnings season ends early, UCF draft tracker: No Knights picked, multiple UDFAs sign with NFL teams, Boston Bruins, after setting NHL records for wins and points, get eliminated in the 1st round with a Game 7 OT loss, Rays rally in 8th but blow lead and get walked off at White Sox, Do Not Sell/Share My Personal Information. I am also getting billed for a ********** visit, but I will take that up with them. See details. *Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

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florida cancer specialists lawsuit 2020