John Gioannetti is a senior associate in the Deerfield Beach office of Roig Lawyers. He concentrates his practice in the areas of Personal Injury Protection (PIP)/No-Fault litigation and fraud (SIU) investigations.
The identification and investigation of fraudulent insurance claims represents a significant portion of John’s cases at Roig Lawyers. In his role as a senior attorney, he leads a team of attorneys and paralegals to look for patterns of unnecessary medical treatments, false or forged signatures, staged accidents, and patient recruiting. As a skilled litigation attorney, John has extensive experience handling hundreds of depositions, motions for final summary judgment, and several jury trials. He is also experienced in the use of alternative dispute resolution techniques, including mediation and arbitration.
In addition to his civilian legal experience, John is a Captain in the United States Air Force Reserve and he serves his nation as an assistant staff judge advocate for the 1st Special Operations Wing at Hurlburt Field, FL. He is responsible for providing legal advice to the wing commander, as well as to subordinate units and partner commands. He assists in the provision of legal services to over 11,000 active duty and civilian personnel and provides advice in support of missions worldwide. His representation of the Air Force encompasses a wide range of issues including criminal law, administrative law, labor law, claims, medical law, operational law, international law, contracting, and tort litigation.
Experience
- Doc Tony Westside Chiropractic, LLC (a/a/o Sydne Hennings), Plaintiff, vs. USAA General Indemnity Company, Defendant. John Gioannetti successfully argued Defendant’s Motion for Final Summary Judgement on behalf of USAA. In the case, the patient sought treatment as the result of an automobile
accident, but initially failed to inform the medical provider whether she was covered under any personal injury protection (PIP) insurance. After discovering that the patient was covered under a resident relative’s policy, the Plaintiff then billed USAA within 35 days of the discovery of the PIP insurance, but more than 35 days after the date of treatment. The medical provider maintained that the patient’s failure to initially inform them of the applicable PIP policy extended the deadline for submitting the insurance claim past the original deadline. John argued that the Florida PIP statute stating that a provider of medical services has 35 days from the date of service to bill a PIP insurer is clear and unambiguous. The Florida Legislature created strict guidelines for submission of a PIP claim and that while the PIP statute provides a few specific exceptions, none of those exceptions applied to this case. Therefore, Final Judgment was entered on behalf of USAA. - Lake Worth Emergency Chiropractic Center, PA v. State Farm Mutual Automobile Insurance Company, 19 Fla. L. Weekly Supp. 731a (Fla. 15th Jud. Cir. in and for Palm Beach County, May 8, 2012).
Court granted Motion for Final Summary Judgment for Defendant as Plaintiff presented pre-suit demand letter which listed charges for medical treatment that was never rendered topatient . Plaintiff appealed and Final Judgment was upheld in Lake Worth Emergency Chiropractic Center, PA v. State Farm Mutual Automobile Insurance Company, 22 Fla. L. Weekly Supp. 65a (Fla. 15th Cir. Ct. 2014). Plaintiff’s petition for writ of certiorari to the 4th District Court of Appeals was denied. - Foundation Chiropractic Clinic, Inc. v. State Farm Mutual Automobile Insurance Company, 20 Fla. L. Weekly Supp. 694c (Fla. 15th Jud. Cir. in and for Palm Beach County, May 3, 2013). Obtained deposition testimony that Foundation Chiropractic Clinic, Inc. double-billed State Farm Mutual Automobile Insurance Company $450 of medical services that were never rendered to the patient. Final Judgment awarded for Defendant when Plaintiff presented pre-suit demand letter which listed the double-billed medical services.
- Uncovered evidence that Central Palm Beach Physicians & Urgent Care, Inc. d/b/a The Medical Center of the Palm Beaches demanded $750 for medical services that were never rendered to the patient. Plaintiff had billed State Farm for seven
x-rays, but had only performed three x-rays for the patient. Plaintiff’s Motion to Abate proceedings was denied and Plaintiff dismissed their lawsuit. - Uncovered evidence that RER Medical Services, Inc. submitted over two months of fraudulent billing to State Farm Mutual Automobile Insurance Company. At deposition, the patient testified that he only went to RER Medical Services, Inc. one time and the facility required that he sign of a stack of documents that no one explained to him.
Patient did not feel comfortable treating at the facility and never returned, but RER Medical Services, Inc. submitted $13,673 in medical bills and filedlawsuit on the fraudulent charges. Plaintiff dismissed the lawsuit after receiving Defendant’s Motion for 57.105 Sanctions regarding the false charges.