Carlos Arce, Esq.
The jury spoke November 8, 2023 in the pending litigation “State Farm Auto. Ins. Co. v. Michael Thomas Larocca, DC, et al,” case number 8:21-cv-2536-SCB-AEP. The 16 Defendants, which included chiropractors, medical doctors, and nurse practitioners were held not guilty of committing fraud, civil conspiracy, unjust enrichment, and violating the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). State Farm had filed a claim against the 16 defendants back in 2021. The allegations were the usual elements raised by Special Investigation Units (SIU): non-medically necessary procedures and engaging in illegal patient brokering and kickback schemes based on the marketing activities performed by the chiropractic clinic.
For years the SIU has brought forth these sorts of allegations and audits against chiropractors and providers engaged in the personal injury space. November 8 was a big win for those providers. With the passing of HB837, it has been difficult to understand the future of the personal injury protection space and the bodily injury space. Providers are fighting back and are challenging draconian measures passed down by the motor vehicle insurers.