Landmark Court Decision:
This Time MyoVision Dominates Insurers In Superior Court.
Major University Research Study Validates MyoVision As The Only Valid Measure Of Multi-Function sEMG's. (see below)
February 2006: The major court decision establishing the validity of MyoVision Technology, definitively won in Florida by sole expert witness David. Marcarian, MA and MyoVision in 2005 was appealed by the State of Florida and the Insurance Companies. The case which was tried in Superior Court concluded with a unanimous Superior Court Decision in favor of Marcarian, MyoVision and the Chiropractors of Florida. The decision affects the entire world as it provides a precedence case proving validity of MyoVision technology worldwide.
To learn how this affects you directly from Mr. Marcarian via teleconference, send an email with your name and phone number to or call 800-969-6961 x 105. You will receive a call or email with times, dates and bridge number for the teleconference.
Bottom Line?
According to MyoVision designer and expert witness in the case, David Marcarian, MA "Doctors who purchase MyoVision have instant credibility whether it be with insurers or with wellness patients. It is the only court-validated, research validated multi-function system on the market, and you receive free with every system my personal guarantee that I will do the same for you I have done for the Chiropractors of Florida: Defend your use of MyoVision technology, and provide your patients the most valid method of gathering objective data for evaluating their spines, and tracking their progress available."
MyoVision owners have the worlds leading expert witness backing you up in case your use of instrumentation is up for review by your board, you have to present in court, or are reviewed by an insurer. Furthermore, insurance companies are much more likely to respond favorably to your use of the machine which was proven valid both in the research and court arenas.
Significant Case Details:
- MyoVision was the only of the top leading multifunction SEMG systems to have research studies of high enough caliber to be considered admissible in the court trial. Competitor's published in journals which were found to have direct financial ties to the company selling the product, meaning that if you own a MyoVision you have instant credibility. Due to the fact that it is a win in Superior Court, it can now be used more successfully as a precedence case for all US courts, providing grounds for admissibility of SEMG evidence.
- Of all the SEMG companies, State Associations, US Chiropractic Associations and others contacted, only David Marcarian of MyoVision was confident enough to take on all the insurance companies and the State of Florida. No other company had the expert witness expertise, or the quality research on their product required to beat the Insurance Companies except for MyoVision and Marcarian.
- The entire Superior Court Case was funded entirely by Precision Biometrics (MyoVision), and no other organization or SEMG company aided in the case in any manner at all.
- David Marcarian’s expertise as an Expert Witness was further affirmed by this case, as he faced 7 attorneys (representing the insurance consortium and the state of Florida) and 5 expert witnesses including an MD, PhD whose expertise was Surface EMG. Marcarian's domination in court means that you have the "best of the best" supporting you in case your use of instrumentation is every questioned by your board, insurer or if you have to go to court.
- Due to the fact that research performed using the MyoVision had a major influence on this case, attorneys will be more likely to send referrals to MyoVision doctors than any other instrument.
New Research Study By University Of Michigan Affirms MyoVision As Most Valid Multi-function sEMG.
RESEARCH STUDY: Journal of Pain, November 2005 p 711-726
A Meta-Analytic Review of Surface Electromyography Among Persons with Low Back Pain and Normal, Healthy Controls:
Michael E. Geisser et. al
The Spine Program, University of Michigan Health System
Find a copy of this study under "Research" on the MyoVision Web site.
Significance To Doctors:
- The study showed clearly that MyoVision’s technology is superior to the competitor’s. Note in the abstract, it was determined that: “For static SEMG the largest effect size was observed for patients standing”.
- If you look at the ads, training materials and research on the two top products, you will note that MyoVision is the only machine designed specifically for Standing Neutral Static SEMG’s. Other machines were designed to perform the test seated, which is now shown clearly to lack clinical value.
The principle is simple: Just as with Standing X-Ray, the Standing test “elicits” the abnormal muscle firing pattern because when standing, the muscles must fire to maintain posture. When seated, the chair maintains the posture and muscles are not required to fire as the patient is not loaded. An additional benefit is that short leg phenomenon appears in standing SEMG’s which cannot be shown in seated tests. - Insurance companies rely upon a study published in 1999 to deny payment. This new paper overrides this paper, as it covers all the most recent research which has been positive with regards to the clinical value of sEMG. Both Static (Standing only) and Dynamic SEMG were found to provide useful data.
- Sensitivity and Specificity were found to be high enough to make the tool acceptable for general use in any health care professional’s office, and will most likely lead to specific CPT codes for specific SEMG procedures.
- MyoVision was the only of the top two selling sEMG systems to be included in this research study. Research studies published using the MyoVision were of high enough caliber to meet the stringent requirements of this study. Competitor's research was not included in the study due to direct conflict of interest.
Conclusion:
MyoVision not only beat all the Insurance Companies and the State of Florida, establishing MyoVision as the court-validated system, but also was research validated by being the only machine with research studies of high enough quality to be included in the most recent Major University review of the literature.
"If you have to go to court, owning a MyoVision is like having the best law firm in the United States supporting you, as MyoVision's expertise in Superior Court has been established."
-David Marcarian, MA
President and Developer
Original Case Press Release: January 2005
David Marcarian, MA, president of MyoVision and expert witness credited with winning one of the largest PI jury awards in U.S. history, testified successfully again on behalf of chiropractic in the case Richard W. Merritt, DC vs. State of Florida, Department of Health (DOH) heard in a Tallahassee, Florida court in July of 2004. A final decision in the case was rendered on January 25th, 2005.
The case overturned a January, 2004 Florida statute that listed surface electromyography (sEMG) “not medically necessary” as a diagnostic method for evaluating injured persons.
“We reached out for help from Marcarian, and others who appear to specialize in sEMG, and the only one up for the challenge was Marcarian,” says one DC involved in the case. “I for one am glad, as it turns out that Marcarian’s testimony was extremely powerful in court. We also found out that some of the other sEMG companies were actually a large part of the problem by promoting improper use of the technology.”
According to Dr. Merritt, “Marcarian’s testimony in court was crucial to this win. His masterful skills as an expert witness completely dominated the high-priced ‘hired guns’ representing the insurance interests.” The judge’s decision was an unprecedented 47 pages long – not only overturning the state’s previous decision, but also finding that sEMG had demonstrated medical value and a level of general acceptance by the relevant provider community.
The heated trial lasted two days and appeared at times impossible to win. The largest insurers in the state, including State Farm, Liberty Mutual, Allstate, and United Services Automobile Association, provided financial backing and joined the Florida DOH in defending the state’s decision. The DOH relied upon four expert witnesses including an MD/PhD with expertise in electrodiagnostic medicine.
“This is a landmark case and another legal victory for MyoVision,” stated Marcarian. “It sets a precedent for insurance reimbursement equity and validates again that MyoVision is an essential tool for any modern high tech office interested in providing the highest level of patient care. We are very pleased that research conducted with MyoVision Technology is largely responsible for this recent legal triumph.”
For more information, contact David Marcarian at 800-969-6961, via email at .
Important Documents in PDF form
1. Actual 47 page decision provides all detail of case.
2. Attorney's 5 page synopsis of case.
3. Press release as shown above.
4. Transcript of Marcarian's court testimony.
5. Florida DOJ Website link to case with all documents
http://www.doah.state.fl.us/internet/search/detail.cfm?CaseNo=04-001149&URLString=0
1-800-969-6961
info@myovision.com