Health Care and Life Sciences

Representation of a large health care system to ensure the privileged nature of its internal investigation materials through the development and implementation of a Patient Safety Organization program.

Provided consultation to a fertility clinic regarding potential issues and liability stemming from the United States Supreme Court’s ruling in Dobbs v Jackson Women’s Health Organization, including drafting and revising pertinent policies and procedures to ensure compliance with each state’s unique requirements defining “abortion” and “conception.”

Represented one of the nation’s largest health insurance companies by enforcing noncompetition agreements with former employees.

Obtained a favorable settlement of claims brought by and against a revenue cycle management company arising from the early termination of its multi-year collection contract with a large regional physician group.

On behalf of health care provider, obtained early dismissal of fraud, conspiracy, and Computer Fraud and Abuse Act claims brought by former IT vendor, and negotiated favorable settlement of breach of contract claim.

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 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.

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

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.

Secured a complete defense verdict for client hospital in an IV infiltration case. The plaintiff claimed that, as a result of a contrast extravasation into her right arm during a CT scan, she developed a blister and loss of muscle strength in the arm as well as post-traumatic stress disorder. The plaintiff claimed the client and its employed radiology technician was negligent in timely turning off the contrast after the plaintiff began yelling in pain. Following the three-day jury trial in St. Louis County Circuit Court, the jury ultimately returned a defense verdict.