Health Care and Life Sciences

Represented a wholesale pharmaceutical distributor as issuer’s counsel in a $114 million underwritten offering of common stock.

Structured a multimillion-dollar, multi-year sponsored research program and related joint venture between a health care client and a leading research university. Structured budgeting and oversight mechanisms for research funding; structured LLC joint venture (JV) entity and related governance matters; completed licensing agreements and conducted analysis related to JV intellectual property ownership; all enabling future commercialization of intellectual property developed from funded research.

Represented a public company in the medical device industry acquired in a $300 million transaction.

Delaware counsel to the Official Committee of Unsecured Creditors in the bankruptcy cases for a specialty pharmaceutical company.

Selected to conduct a rapid, independent, external review of seven Missouri Veterans Homes – as ordered by Gov. Michael Parson – to assess their performance and identify what steps, if any, should be taken to improve their management and prevention of COVID-19. Led a 35-day investigation that considered all relevant information, including interviewing 174 individuals including Missouri Veterans Commission (MVC) staff, Veterans, Veterans’ families and Missouri government officials; implementing a hotline staffed by attorneys for Veterans’ families to voice concerns; reviewing and analyzing hundreds of documents; directing a management and consulting organization serving clients in the long-term care and post-acute care industry, to conduct on-site audits of all seven Homes, following all necessary safety protocols; and issuing early recommendations to the MVC. Compiled and delivered a 53-page summary report and a comprehensive 415-page report, including recommended corrective actions, to state officials.

Advised a leading overseas pharma company in its defense of significant High Court proceedings.

Selected to assist the Office of the Inspector General for the Department of Human Services (OIG DHS), as directed by Illinois Gov. J.B. Pritzker, in conducting an investigation into the Fall 2020 COVID-19 outbreak at the LaSalle Veterans’ Home in LaSalle, Illinois, and in preparing a summary report. To ensure the investigation considered all relevant information, the investigative team spoke with Home personnel, including management and front line staff. In addition, the investigative team interviewed officials with the Illinois Department of Veterans' Affairs, the Illinois Department of Public Health, and the U.S. Department of Veterans Affairs, and reviewed hundreds of documents.

Secured a defense verdict on behalf of a hospital client in a premises/construction case in St. Louis County, Missouri. The plaintiff alleged falling along a newly constructed delivery drop-off lane and claimed it was defective, which caused her to fall. Successfully argued that the delivery drop-off lane was reasonably safe as constructed and the plaintiff’s fall was an accident due to her failure to keep a careful lookout.

Served as counsel to the defendant in a matter in which the plaintiff sued an oral and maxillofacial surgeon in a case in Virginia (Virginia Beach) that involved the extraction of two wisdom teeth. Plaintiff alleged that defendant (i) failed to appropriately prescribe antibiotics both pre- and post-operatively, (ii) failed to detect the signs of an infection during his treatment, (iii) failed to timely order a CT or MRI scan or make an infectious disease referral to rule out an infection, and (iv) inappropriately administered a local steroid injection into a potential area of infection. Plaintiff was subsequently diagnosed with deep soft tissue cellulitis that later developed into necrotizing fasciitis. Plaintiff was admitted to a hospital for one month during which time approximately 15 surgical incisions and drainages were performed to debride the necrotizing fasciitis. Plaintiff had over 40 emergency department visits over the next three years allegedly due to defendant’s negligence. Plaintiff’s counsel requested $2 million in his closing argument. No settlement offer was ever made by the defense.  After a five-day jury trial, the jury returned a verdict for the defendant.

Defended a hospital and its Chief Executive Officer in state court against claims of sex discrimination by the Chief of Anesthesia against the CEO and the Chief of Surgery.

Served as pro bono co-counsel for class representatives in a class action lawsuit challenging the failure of the Nevada Department of Corrections (NDOC) to provide medical care to inmates with chronic Hepatitis C virus (HCV) consistent with national standards. Pursuant to consent decree, the NDOC will now provide adequate medical care to all inmates with HCV.

Advised several pharmaceutical companies about matters concerning the U.K.’s Pharmaceutical Price Regulation Schemes.

Represented large, privately held client in $25 million asset sale of over-the-counter pharmaceutical manufacturing business and supplier to major nutraceutical, pharmaceutical and food brands.

Represented private specialty pharmaceutical company in SEC enforcement investigation concerning alleged fraudulent misrepresentations and omissions to prospective investors.