Cases
Representative Matters: Litigation
Representing Virtua Health Inc.
Capital Health System Inc. in a case against the state of New Jersey, seeking to hold unconstitutional as special legislation a law that transfers the right to provide emergency medical services from Virtua
Capital to other hospitals without regard to the established regulatory structure.
Obtained summary judgment on behalf of Virtua Health, Inc., a health system of four hospitals in southern New Jersey, against Deborah Heart
Lung Center, a specialty hospital in southern New Jersey, in federal antitrust litigation in which the court held Deborah failed to show any adverse effect on competition in the market.
Obtained settlement in a complex litigation on behalf of the Hospital
Healthsystem Association of Pennsylvania (HAP) with the Commonwealth of Pennsylvania, in which the Commonwealth agreed to repay or credit to hospitals
physicians $200 million in overpayments of state-m
ated assessments intended to finance the Medical Care Availability
Reduction of Error (MCARE) Fund for professional liability claims.
Obtained on behalf of the Hospital
Healthsystem Association of Pennsylvania (HAP) a ruling from the Commonwealth Court of Pennsylvania that held that the Pennsylvania Insurance Department had overbilled health care providers more than $100 million over three years to fund a program that provides excess coverage for medical malpractice claims under the state's Medical Care Availability
Reduction of Error Act (MCARE).
Obtained on behalf of Virtua Health, Inc. a decision from the New Jersey Superior Court, Appellate Division, affirming the award of a certificate of need (CON) to Virtua for it to participate in a multi-state study of the safety
efficacy of performing elective angioplasty at hospitals without cardiac surgery capability on-site.
After a two-day hearing before a register of wills, defeated a challenge to a charitable testamentary gift made to nonprofit hospital, in which a business client of the decedent claimed he was the intended beneficiary of a large portion of the estate evidenced by a list of tangible items that he claimed was intended by the decedent as a codicil to his will.
Lead Counsel, Barnert Hospital v. AmeriChoice of New Jersey (AAA arbitration), represented hospital in reimbursement dispute with payer.
Litigation counsel, In re Friends Hospital (Philadelphia Orphan's Court), represented non-profit hospital in hearing regarding sale of assets to for-profit entity.
Lead Counsel, U.S. ex rel. Rahman v. Colkitt, No. 01-2386 (D.Md.), defense of public company
major shareholder regarding whistleblower
U.S. claims of improper billing by radiation therapy facilities.
Lead Counsel, defense of hospital in response to subpoena
investigation by U.S. Department of Justice involving antitrust issues.
Lead Counsel, defense of healthcare consultant in U.S. Department of Justice investigation of consultant activities involving hospital billing of Medicare.
Lead Counsel, U.S. ex rel. Kite v. Lourdes Health System, et al., (D.N.J.), defense of hospitals regarding allegations of improper receipt of outlier reimbursement from Medicare.
Appellate Counsel, Cooper Univ. Hospital v. Jacobs (N.J.), represented hospital defending Certificate of Need (CON) to participate in elective angioplasty demonstration project against appeal by competing hospital.
Lead counsel, defense of Office of Inspector General (OIG) investigation, represented physician against improper billing allegations involving radiation therapy.
Lead counsel, Besler, Inc. v. Texas Health Resources (S.D. Tex), represented healthcare consultant in breach of contract action.
Lead counsel, Vantage Health Plan, Inc v. Glenwood Regional Medical Center (private arbitration), represented hospital in breach of contract action against managed care company.
Appellate Counsel, In re Application of Virtua-West Jersey Hospital Voorhees for Certificate of Need, New Jersey Supreme Court, represented hospital in an appeal of Certificate of Need award regarding designation as regional perinatal center.
Defense Liaison Co-Counsel, In re Orthopedic Bone Screw Products Liability Litigation, MDL-1014 (E.D.Pa), represented key defendant in 5,000 medical device products liability cases.
Lead Counsel, In re EquiMed Securities Litigation (E.D.Pa.), represented defendant officer/director in action involving healthcare practice management company.
Lead Counsel, Pennsylvania Psychiatric Society v. Green Spring Health Services, et. al., (W.D.Pa.), represented medical association in action against managed care companies.
Lead Counsel, Merrill Cohen, Trustee v. Douglas Colkitt, M.D., (bankruptcy adversary proceeding) D.Md., represented owner of debtor company
affiliated companies.
Appellate Counsel, Fox Chase Cancer Center v. Shalala (E.D.Pa.), represented hospital on appeal of adverse ruling regarding payment for cost of graduate medical education.
Regulatory
Compliance with Corporate Integrity Agreement (CIA)
Integrity Agreement (IA).
Establishment of physician-owned orthopedic specialty hospital, including corporate, licensing
regulatory issues.
Development
implementation of strategy on behalf of medical device company to change state workers' compensation reimbursement regulations.
Due process hearings regarding revocation
suspension of staff privileges of physicians by hospital
ambulatory surgery center (ASC).
Appeal to state board of medicine of license revocation due to personal misconduct.
Institution misconduct hearing regarding misrepresentation of data by clinical trial researcher.
Represented hospital
researcher in response to FDA Warning letter regarding off-label use.
Establishment of physician-owned distribution company for medical devices.
Regulatory counseling regarding physician ownership in medical device company.
