Experience
Summary Judgment Affirmed for Health Care Client in IVF Services Dispute
Represented a regional hospital system in a medical malpractice dispute arising from in vitro fertilization services provided to a then-husband and wife. When it was revealed the wife had substituted the husband’s semen sample for that of another man, the husband and the surrogate who carried the baby filed suit in St. Louis County Circuit Court. The Missouri Court of Appeals for the Eastern District affirmed an order granting summary judgment in favor of the defendants.
Dismissal in Multimillion-Dollar Qui Tam Case
Represented a health care client in a qui tam action involving alleged violations of the Anti-Kickback Statute, False Claims Act and equivalent state-level laws. The U.S. District Court for the District of New Jersey dismissed the complaint with prejudice.
Patient Safety Organization Program Development, Implementation for Health System
Assisting a large health care system with developing and implementing a Patient Safety Organization program to ensure the privileged nature of its internal investigation materials.
Fertility Clinic Consulting Services
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.”
Privileged Nature of Patient Safety Organization Materials Confirmed by Federal Court
During representation of an Illinois hospital system in a contentious medical malpractice case, obtained an order from a federal court judge confirming the privileged nature of Patient Safety Organization materials. This order has wide-ranging effects not only in Illinois but in federal and state courts nationwide.
Secured Motion to Dismiss for Hospital in Protected Health Information, Termination Case
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.
Data Privacy, Antitrust and HIPAA Breach
Investigated and resolved matters involving violations of the Health Insurance Portability and Accountability Act (HIPAA), protected health information data breaches, and Office for Civil Rights (OCR) reporting and investigations, including the inadvertent misdirection of more than 1,500 patients’ protected health information and the intentional disclosure by an employee of protected health information.
Defense Verdict for Health Care Client
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.
Defense Verdict for University Client in Medical Malpractice, Negligence Case
Secured a defense verdict in a medical malpractice case in which the plaintiffs asked the jury to return a verdict in excess of $5 million in favor of a brain-damaged minor. The plaintiffs alleged defendant’s failure to appropriately diagnose and treat the minor’s mycoplasma pneumonia, and encephalitis resulted in permanent brain damage. The case was complicated in that the treating pediatric neurologist testified on behalf of the minor plaintiff and adverse to the defendant. Testimony included nine experts in the areas of pediatric neurology, infectious disease, autoimmune disorders, pediatric neuropsychology and pediatrics. After a several-week trial, a St. Louis City jury returned a verdict in favor of the defendant.
Second-Largest 2013 Missouri Defense Verdict
Won the second-largest 2013 defense verdict in Missouri for its representation of a hospital in a medical negligence case. The ranking was reported by Missouri Lawyers Weekly.
$17 Million Defense Verdict for Hospital Client in Suit Brought by Neurosurgeon
Defended a hospital client in a suit against a neurosurgeon who allegedly slipped and fell leaving the operating room in the hospital where he worked. The suit alleged that right-shoulder injuries from the fall ended his career. The last pre-trial demand sought $17 million in damages. After four days of trial, a defense verdict was returned in favor of our client. The win was ranked the no. 1 defense verdict in the state of Missouri in 2010 by Missouri Lawyers Weekly.
