In Brief: A Digest of Healthcare Litigation Projects

Antitrust

• Negotiated favorable settlements for multiple hospital clients in lawsuits involving antitrust allegations. In one case, plaintiffs voluntarily dismissed lawsuit without any payment.
• Defended a managed care organization in a federal lawsuit brought by a specialty hospital alleging multiple antitrust violations. After obtaining several favorable rulings from the court, we secured a favorable settlement for our client.
• Class Action
• Obtained complete dismissal of class action petition filed against large hospital system involving allegations that the client’s balance billing violated state law;
• Obtained complete dismissal of class action complaint filed in federal court against a Fortune 500 healthcare services company involving allegations of state data breach notification laws and violations of the Missouri Merchandising Practices Act.
• Obtained complete dismissal of class action lawsuit against Medicaid managed care organization challenging liens the organization asserted on tort recoveries obtained by Medicaid recipients.
• Commercial
• Successfully represented multihospital health system in arbitration in which we defended our client’s effort to purchase another healthcare entity. We subsequently represented the client in defeating a concerted campaign of opposition to the purchase, including two lawsuits, multiple appeals and four state legislative proposals.
• Obtained voluntary dismissal for a health maintenance organization in an action filed by a large hospital system asserting claims for breach of contract and quantum meruit . We obtained a significant ruling from the court on a discovery dispute and, thereafter, plaintiff voluntarily dismissed our client without any payment;
• Licensing
• Won defense verdict in a lawsuit filed by the Centers for Medicare and Medicaid Services alleging that a skilled nursing facility failed to provide appropriate care to seven residents. The district court ruled in favor of our client and ordered that all financial penalties and licensure restrictions be voided;

Medical Staff

• Obtained summary judgment in favor of hospital and several members of the hospital’s peer review committee in a lawsuit filed by a physician whose privileges had been terminated.
• Defended hospital’s chief medical officer and obtained summary judgment in an action filed by a suspended physician. Plaintiff alleged federal and state constitutional deprivations, antitrust violations, breach of contract, interference with existing and prospective business relationships and conspiracy;
• Reimbursement
• Successfully represented numerous healthcare providers in administrative hearings in which the providers’ Medicare claims were denied.
• Negotiated favorable settlement on behalf of a health maintenance organization after incorrect reimbursement by the state.