Health Care Litigation

Defended a hospital and health system in a qui tam lawsuit filed by an employed physician. The lawsuit involved claims that the system submitted false claims to Medicare and Medicaid by billing for services that did not comply with the applicable National Coverage Determination. The suit was ultimately settled and dismissed.

Achieved dismissal of a disgruntled surgeon’s lawsuit against a hospital that had revoked his privileges following peer review.  The First District Court of Appeals affirmed the trial court’s decision to grant our client’s motion to dismiss, reasoning that Ohio’s peer review statutes conferred immunity upon the hospital.

Earned a substantial victory on behalf of multiple health care clients and a statewide association of hospitals after the court rendered a decision declaring a price transparency law unconstitutional. This final victory came over three years after the court granted a temporary restraining order against the enforcement of the law, allowing our clients to litigate its merit. 

Successfully argued before the Ohio Supreme Court, establishing that the statute of repose bars medical claims not filed within four years of the time the care was provided. 

Have appeared in the highest courts in Ohio and West Virginia, as well as intermediate appellate districts throughout Ohio.

Defended hospitals, nurses, physicians and other medical providers against medical negligence and wrongful death claims in various Ohio courtrooms.

Prepared an amici brief on behalf of the Ohio State Medical Association, Ohio Hospital Association and Ohio Osteopathic Association arguing for the plain language interpretation of an evidentiary statute. The statute governs the admissibility of statements made by medical care providers to patients in suits for medical malpractice.  

Successfully defended nursing home in a lawsuit filed by a pharmaceutical supplier based on the defense that the price charged was excessive and not related to maximum allowable cost (MAC) or average wholesale price (AWP) for brand name and generic drugs. 

Successfully defended hospital against a $4.5 million claim brought by a nursing home seeking to recover lost future profits arising out of failed transfer of Long Term Care Hospital (LTCH) beds from the nursing home to the hospital due to a moratorium imposed by the Center of Medicare & Medicaid Services.

Obtained a complete defense verdict for a hospital system, resolving a complicated multi-party seven-year dispute. 

Represented a hospital system in multiple arbitration proceedings in a dispute with national payor relative to the implementation of sequestration cuts imposed following passage of the budget deficit reduction act.

Represented a health care provider in a dispute with a national payor relative to medical necessity claims denials.