Health Care and Life Sciences

Developed and executed patent filing strategy and managed diverse patent portfolio for a large university client. Technologies span various subject areas including pharmaceuticals, life sciences and medical fields.

Represented a medical device provider in payment claims against a leading insurer that resulted in a landmark ruling by the U.S. Court of Appeals, Fifth Circuit, sustaining our client’s fraud and tort claims against ERISA-preemption defenses

Successfully defended a health care consulting firm and a health care attorney in multiple civil, bankruptcy and investigative proceedings relating to disputed process and handling fees paid to physicians by testing laboratories.

Secured a $70 million judgment against a pharmaceutical company in a royalty payment dispute.

Counsel to seller for the sale of health care financing company with an enterprise value of approximately $95 million. Sale was to a private-equity backed purchaser and involved a post-closing transition period for state licensing issues.

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.

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.

Secured a defense verdict on behalf of a nurse in a Section 1983 deliberate indifference case in the U.S. District Court for the Southern District of Illinois. Plaintiff alleged that he was not provided with appropriate nursing care and it was claimed that the alleged deliberate indifference resulted in injuries and damages.

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.

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

Represented health care company in $56 million equity purchase of 80 percent controlling interest in multi-state wholesale and mail-order retail pharmacy.

Served as counsel for medical company’s acquisition of real property and construction of laboratory, research, development, manufacturing and office space. The pharmaceutical company constructed a new facility of approximately 320,000 sq. ft., housing certain research and development equipment.

Successfully defended medical practice in billion-dollar qui tam action.