Experience
  • Healthcare Litigation Fraud & Abuse
      • White Collar Crime and Qui Tam Defense Experience. United States ex rel. Manning v. HealthSouth Corporation. 2:99-cv-02150-KOB (N.D. Ala.) Defended HealthSouth in False Claims Act qui tam action alleging Medicare fraud.
      • Qui Tam Whistleblower Allegations Defense. United States ex rel. Barbera v. Tenet Healthcare Corporation. No. 0:97-cv-06590-AJ (S.D. Fla.) Defended numerous physicians employed by Florida hospital owned by Tenet Healthcare against qui tam whistleblower allegations brought under the Federal False Claims Act.
      • False Claims Act Qui Tam Medicare Fraud. United States ex rel. Wilson v. Callahan Eye Foundation Hospital. Case No. 2:03-CV-02533-KOB (N.D. Ala. Sept. 8, 2006) Obtained summary judgment on behalf of defendants against False Claims Act qui tam allegations of Medicare fraud.
      • Representation of Pharmaceutical Manufacturers Against Fraud Claims Brought by Alabama Medicaid. State of Alabama v. Abbott Laboratories, Inc. et al. (Montgomery County Cir. Ct. No. CV-2005-219) Represented a number of pharmaceutical manufacturers against AWP fraud claims brought by Alabama Medicaid alleging that the companies inflated AWP prices.
      • Qui Tam Whistleblower Allegations Defense. United States ex rel. Colbert v. Blue Cross and Blue Shield of Alabama and HealthSouth Corporation. 2:01-cv-00292-UWC (N.D. Ala.) Defended HealthSouth in False Claims Act qui tam action alleging Medicare fraud, resulting in the dismissal of the False Claims Act counts in March 2003 and final joint stipulation of dismissal as to remaining counts entered in February 2004.
      • Qui Tam Medicare Fraud. United States ex rel. Madrid v. HealthSouth Corporation. 2:97-cv-03206-UWC (N. D. Ala.) Defended HealthSouth Corporation in False Claims Act qui tam action alleging Medicare fraud.
  • Healthcare Litigation: Medical Malpractice Defense
      • Obtained summary judgment by proving that any alleged delay in surgery to treat a spontaneous spinal epidural hematoma found in a newborn did not cause injury to tetraplegic child.
      • Obtained dismissal of claims against OB/GYN and women’s surgery physicians alleging that post-surgery complications caused by surgical errors.
      • Obtained summary judgment in favor of hospital in case alleging negligent credentialing of a surgeon who had been charged with wrongful death.
      • Defended on appeal of a phlebotomist and hospital in a case in which a blood sample was taken from the wrong patient which resulted in the erroneous transfusion of blood. On appeal, the Alabama Supreme Court affirmed in part and reversed in part.
      • Represented a pharmacist and a hospital in a claim brought by the estate of a patient who died while undergoing cancer treatment. The case involved the mis‐prescription of certain cancer drugs.
      • Advised on quality assurance and peer review panels, which consisted of investigations of incidents, provisions of expert reviews, and assessments of potential claims.
      • Obtained a jury verdict in favor of a surgeon charged with negligently damaging his patient’s common bile duct during gall bladder surgery.
      • Obtained a jury verdict in favor of a gynecologist in a case where the patient had consented to an exploratory laparotomy to determine the cause of her chronic abdominal pain. Allegedly without consent, the physician performed a bilateral salpingo‐oophrectomy and hysterectomy when he did not find a cyst that he expected to find.
      • Obtained jury verdict for a urologist in a prostate cancer treatment case. The plaintiff alleged that the defendant physician had failed to appropriately treat the patient’s prostate cancer through use of gold‐seed implant/radiation therapy. The jury returned a verdict in favor of the defendant physician. The Alabama Supreme Court reversed the directed verdict and ordered a second trial. The second trial resulted in a verdict in favor or our clients and was affirmed.
      • Obtained summary judgment in favor of a urologist charged with negligently administering a dose of bovine TB to a patient to treat bladder cancer. The patient contracted tuberculosis as the result of the treatment.
      • Obtained summary judgment for a physician nutritionist charged with failing to provide informed consent and to abide by dietary protocols associated with an experimental weight loss medicine.