dcsimg Healthcare Litigation

Healthcare Litigation

McGuireWoods has a team of trial lawyers dedicated to the healthcare industry.

Our healthcare litigation group handles disputes in all jurisdictions, including state and federal courts, regulatory agencies, mediations, and arbitrations. Our nationally recognized team includes former federal prosecutors, federal and state appellate and trial court clerks, and trial lawyers with years of experience in the healthcare industry. We know your business and the issues you face.

Our areas of focus:

  • False Claims Act, anti-kickback statutes and Stark claims
  • Government investigations
  • Managed care disputes
  • Claims disputes
  • Provider disputes
  • Medicare and Medicaid reimbursement and billing issues
  • Overpayment recoveries
  • Joint venture disputes
  • Medical licensure and privileging issues
  • Noncompete disputes
  • Healthcare RICO and antitrust
  • Class actions
  • Pharmaceutical pricing and distribution disputes
  • Internal compliance investigations
  • ERISA litigation
  • Delegated entity disputes
  • Technology disputes

Our clients

  • Managed care and health insurance companies
  • Health systems and hospitals
  • Large physician groups
  • Ambulatory surgery centers
  • Medical device manufacturers
  • Pharmaceutical manufacturers
  • Dialysis facilities and renal providers
  • Pharmaceutical distributors
  • Skilled nursing facilities

CONTACTS

Edwin E. Brooks Partner T: +1 312 849 3060
Jeffrey C. Clark Partner T: +1 312 750 8636
Steven D. Hamilton Partner T: +1 312 849 8232
David J. Pivnick Associate T: +1 312 750 3585
Results 1-11 of 11

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Methadone clinic

After a six-day bench trial, we persuaded the federal court that an ordinance restricting where medical clinics like our client could locate was unconstitutional. After the 3rd Circuit affirmed in a 25-page opinion, the district court awarded McGuireWoods its attorneys’ fees, which McGuireWoods donated to the Public Interest Law Center of Philadelphia.
Case Study

Raleigh litigation team secures defense verdict for OB-GYN

A 12-person jury in Cartaret County, N.C., returned a unanimous defense verdict after only 38 minutes of deliberation following an eight-day trial. This finally concluded litigation in a medical malpractice action that spanned seven years. The plaintiff, a physician herself, initially sued two OB-GYNs and their practice over surgical complications that led to additional surgeries and a 50-day extended hospital stay. After voluntarily dismissing during the first trial, the plaintiff changed counties, re-filed and proceeded to trial against the practice and the attending surgeon, both clients of the firm. The jury verdict, finding no negligence on the part of our clients, upheld the position throughout that these complications, though serious and rare, are a risk of the procedure.

Representative Matter

Defeated summary judgment in a civil antitrust lawsuit alleging illegal tying, bundling, and exclusive dealing

Representation of an ambulatory surgery center in civil litigation in which it alleged the defendant hospital used anticompetitive tying and bundling to secure an exclusive contract from the area's largest employer self-funded health plan.  The case settled after the antitrust claims survived the defendant hospital's motion for summary judgment.
Case Study

McGuireWoods secures jury verdict for academic medical center

McGuireWoods helped an academic medical center secure a defense verdict following a jury trial of claims relating to the alleged improper administration of the drug Phenergan which led to a patient's vasculitis, compartment syndrome and necrosis of an extremity. The litigation arose from treatment in the center's emergency department during which the plaintiff received three IV injections of the medication also known as Promethazine. The plaintiff claimed that in light of the know dangers of the medication – highlighted in the U.S. Supreme Court case Wyeth v Levin – the hospital should have employed heightened standards advocated by drug safety organizations in order to prevent such injuries.

Representative Matter

One of the largest insurers in the world

Representation of one of the largest insurers in the world in the defense of a temporary staffing nurse against claim that she failed to follow protocol and standard of post-op care by alerting physician to patient’s complaints following brain surgery. Partial blindness resulted. After picking a jury and successfully arguing a Daubert motion to exclude plaintiff’s expert, the case was resolved.
Representative Matter

Ambulatory surgery center

Defeated claim alleging improper redemption of shares in partnership dispute among owners of ambulatory surgery center.
Representative Matter

Dialysis clinics

Obtained significant damages award on behalf of dialysis clinics for mismanagement against managed company.
Representative Matter

National managed care clinic

Obtained emergency injunctive relief on behalf of national managed care client preventing hospital system making public statements that the hospital system was no longer in–network.
Representative Matter

Nationwide chain of dental clinics

Obtained emergency and permanent injunctive relief on behalf of nationwide chain of dental clinics against former partner who was violating restrictive covenant prohibiting the solicitation of dental students at specified dental schools.
Representative Matter

One of the nation's largest dialysis chains

Defeated preliminary injunction In Denver, Colorado brought by one of the nation's largest dialysis chains, for alleged violation of noncompete.  Our client sought to prohibit one of the areas largest nephrology practices from joint venturing with a competitor of DaVita to provide a number of new dialysis facilities in the Denver area.
Representative Matter

Virginia medical center

Appeal of certificate of public need denial in which a Virginia medical center opposed the project and was good cause party to the original decision, and, thus, a party to the appeal. Our client established good cause party status in the administrative stages of a certificate of public need application cycle. Our client and the State Health Commissioner were successful in arguing that the decision be upheld on appeal.
Results 1-11 of 11
Results 1-25 of 38
Show All
Mark E Anderson Mark E. Anderson
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 919 755 6678
F: +1 919 755 6581
vCard
Helen Arnold Helen D. Arnold
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8286
F: +1 312 698 4595
vCard
Brett Barnett Brett W. Barnett
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8123
F: +1 312 698 4589
vCard
George J Barry III George J. Barry III
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5734
F: +1 404 443 5753
vCard
J. William Boland J. William Boland
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4374
F: +1 804 698 2015
vCard
Edwin E Brooks Edwin E. Brooks
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 3060
F: +1 312 920 3681
vCard
Jeremy S Byrum Jeremy S. Byrum
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4305
F: +1 804 698 2080
vCard
Jeffrey C Clark Jeffrey C. Clark
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8636
F: +1 312 920 7230
vCard
Joan S Dinsmore Joan S. Dinsmore
Associate
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6693
F: +1 919 755 6592
vCard
Christina M Egan Christina M. Egan
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8644
F: +1 312 698 4502
vCard
Howard Feller Howard Feller
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4393
F: +1 804 698 2051
vCard
Rachael Freyman Rachel J. Freyman
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8124
F: +1 312 920 6122
vCard
Richard T Greenberg Richard T. Greenberg
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 5755
F: +1 312 558 4377
vCard
Jill Crawley Griset Jill Crawley Griset
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2193
F: +1 704 444 8734
vCard
Steven D Hamilton Steven D. Hamilton
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8232
F: +1 312 698 4526
vCard
Dion W Hayes Dion W. Hayes
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 804 775 1144
F: +1 804 698 2078
vCard

T:+1 212 548 2100
F: +1 212 548 2150

Sidney Kanazawa Sidney Kanazawa
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8238
F: +1 310 315 8210
vCard
Kimberly J Kannensohn Kimberly J. Kannensohn
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8649
F: +1 312 920 3683
vCard
Noreen Kelly-Dynega
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7025
F: +1 212 715 6290
vCard
Brian Malkin Brian J. Malkin
Senior Counsel
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 202 857 1704
F: +1 202 828 2964
vCard

T:+1 202 857 1704
F: +1 202 828 2964

Aaron G McCollough Aaron G. McCollough
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8256
F: +1 312 698 4522
vCard
Anne Bentley McCray
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1037
F: +1 804 698 2087
vCard
James P McElligott Jr. James P. McElligott Jr.
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4329
F: +1 804 698 2111
vCard
Patrick M Meacham Patrick M. Meacham
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6674
F: +1 919 755 6578
vCard
Claire A Modlin Claire A. Modlin
Counsel
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6605
F: +1 919 755 6564
vCard
Results 1-10 of 10
Event

TCPA Impacts the Healthcare Industry

July 21, 2015
Complimentary Webinar
Event

Annual Healthcare Litigation Conference

What do Humana, CareSource, and Walgreen Co. have in common?

May 6, 2015
Chicago, IL
Speaking Engagement

Litigating a False Claims Act - Tips and Tactics from the Trenches

Wednesday, December 10, 2014
Event

10 Key Concepts and Recent Developments in False Claims Litigation

October 1, 2014
Complimentary Webinar
Event

Healthcare Litigation Conference

August 14, 2014
Raleigh, NC
Event

Healthcare Litigation Conference

May 29, 2014
Richmond, VA
Event

Healthcare Litigation Conference

April 8, 2014
Chicago, IL
Event

Healthcare Litigation Conference

April 8, 2014
Chicago, IL
Event

8 Key Trends in Healthcare False Claims and Antitrust Litigation

March 12, 2014
Complimentary Teleconference
Results 1-10 of 10
Results 1-16 of 16
Legal Alert

Public Databases Increase Qui Tam Risk for Healthcare Providers

Subject to Inquiry
December 9, 2014
Legal Alert

Highlights from the 2015 OIG Work Plan

November 6, 2014
Article

Expensive Mistakes

Preventing Technical Violations of the Stark Law

E-Briefings
May 2014
Holly Carnell, Anna M. Timmerman, The Governance Institute
Legal Alert

When ERISA May Not Apply

Three Key Points from a Hospital’s Contract Suit Against an Insurance Company

October 8, 2012
Legal Alert

Supreme Court Declines Review of Medicare Secondary Payer Decision

Three Key Takeaways

October 8, 2012
Results 1-16 of 16