Save the Date <br> <br>OR Excellence 2015 <br>October 13-16, 2015 <br>Marriott Rivercenter, San Antonio, TX. <br> <br>HomeThis MonthE-Weekly NewsletterNewsArticle ArchiveSecond OpinionsSearch:Submit <br>Advertisements <br> <br>advertiser banner <br> <br>advertiser banner <br>DIGITAL ISSUES <br>Outpatient Surgery Magazine Digital Edition <br>FEBRUARY 2015 <br>Patient-Centered Care <br>Patient-Centered Care <br>Home > News > January, 2012 <br>ASC Sale Brings $8.8M Verdict for Slighted Physician-Investor <br>Partners convinced him to sell by lying about center's Medicare approval. <br> <br>Published: January 27, 2012 <br> <br>Category: Surgical Facility Administration > Legal & Regulatory <br>A California jury has awarded $8.8 million in damages to a physician-investor whose partners in an ASC venture tricked him out of his share of the center's <br>earnings. <br> <br>Daniel Taheri, MD, co-owned a dermatology practice with when the pair decided to open the Thousand Oaks Surgery Center. brought in anesthesiologist and pain <br>management practitioner , as a third partner. <br> <br>While the new facility won accreditation and eventually gained Medicare's approval, told Dr. Taheri that it had failed to meet Medicare's standards and could not <br>function as a surgery center. The center would be worthless to the physicians, he said, but Dr. Hersel would be able to use the space for other purposes. to join <br>him in selling his shares in the venture to at a loss. <br> <br>Dr. Hersel bought the partners out. Six months later, repurchased 50% of the center without telling Dr. Taheri, who learned 2 years after investment that the <br>center had been open, and wildly profitable, all along. Dr. Taheri sued and Hersel and the center for fraud and breach of fiduciary duty. <br> <br>In his response to the lawsuit, explained that he'd reinvested in the center only to keep it afloat. Pre-trial investigations revealed, however, that his cash had <br>gone into Dr. Hersel's pockets, as the center had $200,000 in its coffers and had turned a $16 million profit in its first 3 years. <br> <br>also argued that had been required to sell his shares in the center due to a disciplinary agreement he'd signed with Blue Cross of California over billing <br>discrepancies. Dr. Taheri blamed the billing issues on Dr. Khadavi, however, and noted that the insurer's agreement only required him to stop practicing with Dr. <br>Khadavi, not to drop his ownership shares. <br> <br>The trial jury ordered the defendants to jointly pay $8 million in compensatory damages, reflecting his lost earnings in the center. It also ordered in punitive <br>damages. These awards were upheld on appeal. <br> <br>attorney declined comment. did not respond to requests for comment. <br> <br>Leigh Page <br> <br> <br> <br>Also in the News... <br>Court Backs Hospital's Firing of Employee Who Refused to Work With Difficult Doc <br>CRE Superbug Sickens 7, Kills 2 in Los Angeles Hospital <br>Surgical Tech Believed Cell Phone Was Implanted Inside His Brain <br>Check Your Ketorolac Tromethamine <br>FDA-Rejected Knee Replacement Device Used in Thousands of Surgeries <br>FDA Orders Maquet to Temporarily Suspend Manufacturing at N.H. Facility <br>Blinded Patient Sees $21.8M Verdict <br> <br> <br>Have an account? 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