Today the law firm of Zoll & Kranz, LLC filed an amended class action complaint on behalf of class members allegedly over-billed for Botox injections from The Toledo Clinic[Toledo, OH, August 2019] Today, August 26, 2019, the Amended Complaint was filed in the Court of Common Pleas for Lucas County, Ohio under the Case Number: G-4801-CI-0201903422-000. This amends the class action complaint initially filed on August 13, 2019 on behalf of Toledo Clinic patients whose migraine treatment with Botox injections did not meet the applicable standard of care.
The Amended Complaint alters the putative class action lawsuit to include new victims by naming additional Plaintiffs and expanding the Class. According to the Amended Complaint, the Class now includes patients who received at least one Botox injection through the neurology department of the Toledo Clinic for the treatment of various medical conditions, including cerebral palsy and spasticity issues. These victims join the Class already comprised of patients who received at least one Botox injection for treatment of migraine headaches from Defendant(s) Auberle and/or Maiteh, or those supervised by them, while the providers were employed at Toledo Clinic. The Amended Complaint continues to allege these patients were not only fraudulently billed, but also received doses of Botox below the amount recommended for the effective treatment of their medical conditions.
The Amended Complaint also includes new claims on behalf of all Class Members. According to the Amended Complaint, The Toledo Clinic violated the Ohio Consumer Sales Practices Act. The Amended Complaint alleges that the Toledo Clinic engaged in unfair, deceptive and unconscionable acts in relation to the Botox injections administered through its neurology department.
As before, the Amended Complaint includes allegations that the unused units of the Botox for which the class members were billed were, on occasion, used to provide cosmetic treatments for non-patients in exchange for cash or other trades. The putative class action lawsuit continues to allege that The Toledo Clinic failed to establish policies to prevent this undertreatment and fraudulent billing and failed to monitor for this misconduct.
The Zoll & Kranz, LLC attorneys continue to advocate for these victims and welcome anyone to call our investigatory team for further information. They can be reached by calling 419-841-9623 or at www.toledolaw.com