The Real David vs. Goliath & the Florida Doctor

Merritt vs. Florida DOH: Case #04-1149RX Changing the PI Practice in Florida and Beyond

Representing the Insurers: The State of Florida; 300 Insurers, 75 Attorneys, 9 Expert Witnesses and an MD/PhD
Representing the Chiropractic Profession: David Marcarian, MA and Dr. Richard Merritt

The Story:

  • The State of Florida determined that MyoVision Motion sEMG lacked validity in evaluating soft tissue injury in auto accident cases, thus removing it from the list of “approved diagnostic devices.”
  • Richard Merritt, DC, challenged this rule, as he found Motion sEMG invaluable in properly documenting both the need for care & progress with his patients. This challenge was not taken lightly, ending up before an Administrative Law Judge for review.
  • Merritt reached out to all the experts on sEMG in the Chiropractic profession to help him in court. To his surprise, only one person responded: David Marcarian, MA, former NASA researcher, former NIH principal investigator and designer of the MyoVision DynaROM Motion sEMG system.
  • With the trial date set, a major twist: the State of Florida was to be joined by all the major insurers in the US, represented by 75 attorneys, 9 expert witnesses and millions in funding for this case.
  • The insurers knew this tool was gaining momentum in published research as providing proof that chiropractic is the best approach to treating soft tissue injuries, and winning meant establishing soft tissue injury would be difficult.
  • Against overwhelming odds, Mr. Marcarian and Dr. Merritt stuck to their guns and battled it out in the courtroom before a judge. Even with the testimony of a well known MD/PhD, Marcarian and Merritt prevailed.

The Decision:

  • The Judge’s 44 page landmark decision was comprehensive in its scope, leading to reimbursement in every state in the US.
  • The case was appealed with Marcarian and Merritt winning the Superior Court appeal. It was then taken to the Supreme Court of Florida, where they were denied an additional appeal.

This landmark case established this tool equal to the Cardiologist’s EKG, providing the proof needed to make you the first choice of PI attorneys when it comes to treating PI Patients.

What this means for you:

  • Overcome the EMC with objective data you send to the MD or DO
  • Reimbursement is at approximately $300/test per statute in Florida
  • You now dictate care to insurers
  • Win the respect of PI attorneys & other healthcare providers alike by providing the objective data needed to establish your expertise

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