Health Care Litigation Success in New York
- We successfully defended a hospital client in a major class action lawsuit claiming a conspiracy to suppress wages in violation of Sections 1 and 2 of the Sherman Act. The case was settled for nuisance value after a defendants' victory on plaintiffs' motion for class certification.
- New York's unique program for subsidized excess medical malpractice insurance (Hospital Excess Liability Pool) generated a series of lawsuits by health insurers challenging a hospital bill "add on" which financed the program. We were retained by a leading medical malpractice insurance carrier to defend the constitutionality of the program and oppose the health insurers' claim for a $170 million refund of premiums. We secured favorable appellate court rulings which, combined with legislative action, resulted in dismissal of the health insurers' lawsuits.
- One of our hospital clients and its individual board members were sued by a cardiac surgeon who lost clinical privileges when the hospital executed an exclusive contract. We successfully defended the case and secured a dismissal.
- We secured the dismissal of a case brought by an anesthesiologist against a hospital client and its board claiming an unlawful conspiracy to terminate medical staff privileges.
- We have secured several seven-figure awards for Independent Practice Associations (IPAs) in payment disputes with third-party payers.
- We won a declaratory judgment case against HHS involving the interpretation of the laws governing Hill-Burton grants, thus successfully defending a seven-figure payback claim by the government.
- We have litigated several cases involving the CON process, including a judicially directed reversal of a state policy seeking to impose a so-called moratorium on certain CON approvals.
- We have successfully litigated many cases involving rate setting for health care providers.
- We have successfully defended many high-stakes administrative proceedings brought by federal and state authorities, such as EMTALA prosecutions and Medicare and Medicaid exclusion actions against both institutional and individual providers.
- We successfully concluded a seven-figure contract claim brought by a national vendor against a hospital client by demonstrating that the vendor's own internal cost accounting records showed no lost profit and thus no damages.