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Capabilities / Healthcare Litigation

Healthcare Litigation

Advocating for our healthcare industry clients.

Husch Blackwell’s healthcare litigation team of attorneys has a long history of representing healthcare clients before juries and judges in state and federal courts, in administrative proceedings, before arbitration panels and in appellate forums.

Our healthcare litigation attorney team explores creative options for resolving disputes in efficient and cost-effective ways, preferably outside the courtroom. When trial is the best or only option, however, we advocate fiercely for favorable results that minimize disruption and expense to our clients, while advancing their business interests.

Our guidance to clients in the healthcare litigation sector includes:

  • Anti-kickback statute
  • Antitrust and unfair competition
  • Breach of contract
  • Certificate of need (CON) requirements
  • Class action
  • Corporate governance
  • Employee Retirement Income Security Act (ERISA)
  • Fair Debt Collection Practices Act (FDCPA)
  • Federal Employee Health Benefits Act (FEHBA)
  • Fiduciary obligations
  • Government proceedings
  • Insurance coverage
  • Intellectual property
  • Licensure
  • Managed care
  • Medical devices
  • Medical staff
  • Pharmacy dispensing disputes
  • Pricing
  • Racketeer Influenced and Corrupt Organizations Act (RICO)
  • Reimbursements
  • Securities
Case Study

CoxHealth prevailed in a defamation lawsuit brought against the hospital system and an executive.

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.
Webinar | November 8, 2018
Learn How to Protect Your Business and the Patients You Serve - November 8, 2018

NHIA Talk Infusion Webinar: Navigating HIPAA - Compliance, Enforcement and Breach Response

News Releases | April 27, 2022
Husch Blackwell Prevails in Discrimination Lawsuit for CoxHealth

Husch Blackwell earned a victory in Missouri state court for CoxHealth, the Springfield-based healthcare system, in connection with race, national origin, workers’ compensation and disability discrimination claims, as well as claims of retaliation.

News Releases | April 01, 2022
Husch Blackwell Adds Two Healthcare Partners to Virtual Office

Husch Blackwell is pleased to announce that Lisa T. Thomas and Bryan Stewart have joined the firm’s Healthcare, Life Sciences & Education industry group as partners.

News Releases | November 22, 2021
Morgan Goulet Joins Husch Blackwell's Providence Office

Husch Blackwell is pleased to announce that Morgan Goulet has joined the firm as Senior Counsel in its Providence office.

Media Mentions | June 26, 2019
Wisconsin Law Journal: WLJ honors its 2019 Women in the Law

Wendy Arends was one of 22 outstanding women attorneys honored at the 16th annual Women in the Law event June 20 sponsored by the Wisconsin Law Journal.

News Releases | April 25, 2019
Jason Husgen Named Fellow of American Bar Foundation

Members are nominated by their peers and elected by the Board of the American Bar Foundation.

News Releases | January 14, 2019
Husch Blackwell's Minana and Rothe Earn Missouri Lawyers Weekly Verdicts & Settlements Award

Greg Minana and Ashley Rothe were honored by Missouri Lawyers Weekly for obtaining the #2 defense verdict in Missouri.

Media Mentions | October 23, 2018
Missouri Lawyers Weekly Up & Coming Honorees: Tanya M. Maerz

Tanya Maerz is profiled in Missouri Lawyers Weekly's Up & Coming 2018 special section.

Media Mentions | August 31, 2018
Missouri Lawyers Weekly: Missouri Lawyers Media to honor 45 with Up & Coming Awards

Tanya Maerz, Christina Pyle and Michael Raupp are named 2018 Up & Coming Lawyers by Missouri Lawyers Media.

Media Mentions | August 17, 2018
MIlwaukee Journal Sentinel: Scott Walker appoints Husch Blackwell lawyer to court seat vacated by Justice Rebecca Dallet

Gov. Scott Walker has appointed Andrew A. Jones, a partner at the law firm Husch Blackwell, to fill the Milwaukee County Circuit Court seat vacated by Rebecca Dallet's election to Supreme Court.

Media Mentions | August 17, 2018
Wisconsin Law Journal: Walker taps Husch Blackwell lawyer to fill Dallet's spot

Wisconsin Governor Scott Walker has appointed Andrew Jones to fill Judge Rebecca Dallet’s spot on the Milwaukee County bench.