Healthcare Litigation

Leveraging decades of healthcare experience, our lawyers have represented large Fortune 500 companies, state agencies, municipalities, healthcare providers, and unions in complex, highly significant litigation claims. We understand the spectrum and the nuances of ERISA claims from fraud to breach of fiduciary duty.  Skilled at interpreting healthcare data and its flow, we track and reconcile discrepancies while navigating intersecting regulatory and legal implications.  Our team brings to bear their deep substantive healthcare knowledge, unique to this industry, and their litigation prowess to deliver a strong history of results. 

At the forefront of these legal issues, we are not afraid to take on the big healthcare or insurance companies.  We think creatively, identify potential claims and recoveries, devise recovery strategies, and execute cases.  Our esteemed lawyers have recouped billions of dollars in healthcare litigation settlements and recoveries, often for clients who did not realize these recoveries were possible. 

Representative Matters

Our attorneys’ healthcare litigation experience includes the following matters, among others:

• University Ambulatory Surgery Center v. Mercy Hospital and Catholic Healthcare West. Represented defendants in an exclusive dealing, tying, attempted monopolization and unfair competition case involving provider system contracts with insurance plans; prevailed on summary judgment on all claims; reversed as to Section 1 tying claim. Prevailed in jury trial.
• Brian Barry v. Fortis Health. Represented Fortis in a California state court class action and UCL (17200) matter alleging illegal use of database to calculate health insurance reimbursements. Prevailed on demurrer.
• Archer and White Sales. Recently settled an antitrust suit accusing Henry Schein and other large dental suppliers of threatening manufacturers that do business with low-cost distributors, resolving the case only five weeks out from a long-anticipated trial. Prior to the confidential settlement, the defendants were denied certiorari by the U.S. Supreme Court and their bid to compel arbitration failed
• Red Lion v. GE Healthcare. Representation of Red Lion Medical Safety Inc. and 16 other plaintiffs in securing a $43.8 million (automatically trebled to $131.4 million) verdict against GE Healthcare in a jury trial concerning allegations that GE engaged in anticompetitive conduct to monopolize the market for the service of GE anesthesia machines.
• Representing 20 out of network specialty surgery practices prosecuting algorithmic price fixing claims against MultiPlan, Inc. and the major insurance companies.
• Representing more than twenty companies that opted out of the $2.7 billion settlement of the In re Blue Cross Blue Shield Antitrust Litigation.  In that matter the plaintiffs accused the Blue Cross Blue Shield Association and the Blue Cross Blue Shield health insurance companies of engaging in territorial market allocation in violation of federal antitrust law.
• Prosecuting a Fortune 100 company’s ERISA breach of fiduciary duty and related claims against the health insurer administering the company’s self-funded health insurance benefits.  
• Prosecuting ERISA breach of fiduciary duty and related claims for a major food service company against the health insurance company administering self-funded health insurance benefits for the food service company.  
• Prosecuting ERISA breach of fiduciary duty and related claims for a major chemical products company against the health insurance company administering the chemical company’s self-funded health insurance benefits.  
• Prosecuting a variety of claims against a Blue Cross Blue Shield licensee related to the administration of a government-sponsored, self-funded health benefits plan.
• Prosecuting ERISA breach of fiduciary duty and prohibited transaction claims against the health insurance company that administered a consumer food products company’s self-funded health benefits plan.
• Prosecuting ERISA breach of fiduciary duty and prohibited transaction claims the health insurance company that administered a major financial services company’s self-funded health benefits plans.
• Prosecuting ERISA breach of fiduciary duty and prohibited transaction claims against the health insurance company that administered an electrical utility’s self-funded benefits plans.
• Prosecuting ERISA breach of fiduciary duty claims and prohibited transaction claims against the insurance company administering a large health provider’s self-funded health benefits plan.
• Prosecuting ERISA breach of fiduciary duty claims and prohibited transaction claims against the health insurance company administering a technology company’s self-funded health benefits plan.
• Prosecuting ERISA, civil RICO, and common law claims against a health insurance company and related entities for concerted and deliberate efforts to under pay and to avoid payment to a consortium of surgeons.  The surgeons’ unpaid and underpaid claims are in the mid-nine figures.
• Prosecuting ERISA, civil RICO, and common law claims against a health insurance company and related entities for concerted and deliberate efforts to under pay and slow pay a large medical practice.  The medical practice seeks a nine-figure recovery.   
• Obtained an eight-figure settlement from a health insurer for a Fortune 100 company before having to file a complaint.  The company accused the health insurer of breaching its statutory and common law fiduciary duties and engaged in prohibited transactions while administering the company’s self-funded health benefits plans.
• Represented a Fortune 50 company asserting breach of fiduciary duty claims and self-dealing claims under ERISA against the administrator running its self-funded health benefit plan.