- January 25, 2018
Litigation and Dispute Resolution
The Healthcare Group has a well-earned reputation for handling high-stakes, high-risk cases, including disputes ranging from the effects of tiered and narrow health plans, out-of-network coverage litigation, fraud and abuse claims, HIPAA and privacy matters, professional liability and medical malpractice claims and medical products liability. We have experience handling ERISA claims litigation, healthcare coverage litigation and the administration of health plans, as well as assisting clients in responding to compliance audits in civil and criminal investigations. We also provide general representation and counseling in various areas of healthcare law, including administrative and court proceedings involving licensure issues, staff privileges and credentialing, contracts for the exclusive providing of services, payment disputes and potential antitrust implications.
Whether a case involves a single plaintiff or myriad multi-district parties, we have the strategic focus and attention to detail demanded for successful outcomes. We use a team approach to defending clients in these complex cases, maximizing experience and strengths to provide a thorough, economical defense. The group includes a number of attorneys who have worked as healthcare professionals themselves, which provides an enhanced knowledge base for the representation of our clients. In addition, our appellate lawyers are involved at each stage of the litigation process to provide assistance with developing litigation strategy, drafting dispositive motions, monitoring trials and crafting post-trial motions.
- Represented physician practice group in matter involving information blocking of electronic health records (EHR) by a health information technology vendor and obtained multiple temporary restraining orders maintaining EHR access and a comprehensive plan for migration of EHR data (approximately 100 terabytes) from prior EHR vendor to new EHR vendor
- Obtained a unanimous defense verdict on behalf of an emergency physician in seven-day jury trial involving allegations of an alleged failure to diagnose bacterial meningitis
- Obtained a unanimous defense verdict in a medical malpractice jury trial arising from the death of a 42-year-old due to multiple complications following a coronary artery bypass grafting and aortic valve replacement
- Obtained summary judgment on behalf of medical providers in a complex civil rights lawsuit alleging a §1983 claim arising from medical testing performed to investigate potential child abuse and successfully opposed plaintiffs’ appeal to the Third Circuit
- Represented a home healthcare company against allegations of trademark infringement, with the case settling for a walk away after the close of expert discovery
- Represented a group of cardiologists accused by the former chairman of the department of illegally forcing the chairman from the hospital and restricting him from finding work elsewhere
- Represented a medical device manufacturer in a case alleging termination of distributors in violation of the antitrust laws
- Successfully argued for the reinstatement of a surgeon in a health network following a credentialing committee’s decision to terminate.
- Currently serve as National Litigation Counsel for a medical device manufacturer in a federal MDL and related state tort proceedings involving product allergy and related injuries
- Represented a prominent Philadelphia-based physician’s orthopedic practice group in five different malpractice cases, all of which resulted in defense verdicts
- Obtained a defense verdict at a private arbitration for a hospital in a medical malpractice/hospital liability case involving a post-surgical fall from hospital bed with resultant fractured hip
- Obtained summary judgment on behalf of medical providers in a complex civil rights action arising from a report of suspected child neglect prompted by the parents’ refusal to consent to necessary medical treatment for their newborn and refusal to cooperate with the provision of care and successfully opposed plaintiffs’ appeal to the Third Circuit
- Represented national medical device manufacturer in a product liability matter and obtained dismissal on Motion to Dismiss in the United States District Court of New Jersey
- Represented physician-authors in various disputes relating to disclosure and ethics requirements for peer-reviewed medical journals
- Obtained a published opinion from the New Jersey Appellate Division granting a protective order in a matter wherein several hospitals were seeking intrusive discovery concerning the creation and implementation of a health plan. (Capital Health System Inc., v. Horizon Healthcare Services Inc., NJ App. Div. A-2913-15 (June 23, 2016))
- Obtained a trial verdict in a breach of contract claim brought by a physician against a large healthcare network
- Successful defense on motion to dismiss of medical doctor accused of repeatedly offering fraudulent expert testimony. Dismissal affirmed by Delaware Supreme Court.
- Represented emergency room physician in a case in involving an alleged failure to diagnose bacterial meningitis; tried to a defense verdict after seven days of trial
- Numerous defense verdicts in catastrophic injury cases involving professional, product and premises liability, on behalf of individual providers, healthcare systems, hospitals and other healthcare institutions
- Pennsylvania Bar Association Midyear Meeting (Key West, FL)January 25, 2018