Health Care and Life Sciences

Prevailed on a contested motion to dismiss in favor of hospital client. Plaintiff alleged employment termination in part, due to our client’s allegedly inappropriate and unauthorized disclosure of protected health information. Plaintiff asserted a claim alleging breach of fiduciary duty of confidentiality, seeking both economic losses and punitive damages. Relying in part on HIPAA regulations, we filed a motion to dismiss and a motion to strike the punitive damages claims, and after oral argument, the judge granted the motion.

Represented a company in the health care finance industry acquired in a $300 million transaction.

Supported a medical technology company in completing its Initial Public Offering and trading on the Nasdaq.

Advised a U.K. pharmaceutical company concerning defamatory reporting in the media about one of its key products.

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.

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

Managed pharmaceutical patent portfolio that includes filings in over 16 different countries. Worked with university and licensee on achieving patent protection worldwide.

Managed several patent clearance projects relating to a computer ecosystem designed to manage the prescription process and use by patients of a multimillion-dollar pharmaceutical product.

Advised a pharmaceuticals company in connection with the financing and conduct of research regarding a rare tropical disease.

Ran year-long competitive strategy projects for multinational client. The projects included in-depth analyses and presentations on competitors' complete intellectual property portfolios, including freedom-to-operate positions, invalidity opinions and strategic patent application filings to gain a competitive edge.

Advised in-house counsel on paragraph (iv) certification strategy and provided related opinion work, including noninfringement and invalidity analyses of competitor patents in support of Hatch-Waxman litigation. Further advised on design-around and re-formulation strategies.

Secured motion to dismiss with prejudice in Cook County Chancery Court for the client, a pharmaceutical company, in an action brought by the Illinois Attorney General against various manufacturers and distributors. The plaintiff alleged that the defendants had created a public nuisance and violated the Illinois Consumer Fraud and Deceptive Business Practices Act, and that the distributors had failed to properly examine and report suspicious orders of opioid medications.