Healthcare Litigation

Representative Experience

• 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.
• 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.
• 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;
• 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.
• 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.
• 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.
• Represented a PBM in a dispute with a client regarding the alleged wrongful processing and payment of certain compound prescription drugs in federal court in Maryland. After negotiating an agreement to limit discovery, and prior to filing dispositive motions, the parties reached a favorable settlement.
• Prevailed for pharmacy benefit manager in massive multi-district litigation, obtaining both a dismissal with prejudice and an important decision defending the use of mail-order pharmacies to deliver medications.
• Represented infusion care provider and specialty pharmacy in dispute with insurance company over wrongful denial and underpayment of insurance claims.
• Successfully obtained a defense award for a physician practice in arbitration by defending the client against the practice’s former employees alleging fraud, breach of contract, and other partnership claims.
• Routinely represent clients in payor-provider disputes involving payment disputes over health insurance claims, breach of contract, violations of the Texas Insurance Code, and the Texas Prompt Payment Act.  
• Represented physician-owned hospitalist practice in a suit for breach of contract, tortious interference with existing contracts, and conspiracy to tortiously interfere with existing contracts.
• Secured a victory before the Missouri Supreme Court in closely watched litigation over the implementation of Amendment 2, a 2020 ballot initiative that Missourians passed and that would expand Medicaid coverage in the state.