Health Care Litigation

Overview

Each health care-related litigation case is unique and demands a customized approach. Whether the situation calls for aggressive motions practice, mediation, arbitration, or trial by jury, our seasoned attorneys are well-equipped to strategize and execute the most effective legal solutions for our clients. We are committed to helping health care organizations avoid unnecessary litigation, minimize risks when litigation is inevitable, and preserve valuable relationships.

Our litigation experience for health care organizations includes (but is not limited to):

Commercial Business and Individual Disputes: Breach of contract, enforcement of contracts, payor/provider reimbursement disputes, non-competes, wrongful terminations, discrimination, harassment, retaliation, trademark or copyright infringement and other actions taken against or by health care organizations benefit from our experience and industry knowledge.

Administrative Hearings and Appeals: We have extensive experience with the administrative hearings and appeals process in Kentucky, Ohio, and Tennessee and have appeared before most state boards and agencies. We also have significant experience with federal administrative hearings and appeals before the Medicare Office of Hearings and Appeals, the Departmental Appeals Board, and the Provider Reimbursement Review Board.

Amicus Curiae Representation: With our in-depth knowledge and experience, we are often sought after to file amicus curiae briefs on behalf of healthcare providers, trade organizations or other stakeholders. Our commitment to the healthcare community extends beyond individual cases, as we actively contribute to shaping legal precedents.

False Claims Act Defense: We represent clients across the country in various Medicare and Medicaid fraud and abuse cases in matters brought by the U.S. Department of Justice, state agencies and/or private whistleblowers. at the state and federal level in various Medicare and Medicaid fraud and abuse cases. In addition, our False Claims Act team works with health care organizations to conduct compliance audits and internal investigations designed to reduce the likelihood of a violation.

Class Actions: Our team has experience managing the propriety of class action formation and the defense of class action litigation.

Intellectual Property Litigation: Our litigation team represents health care organizations in intellectual property disputes involving trademarks, copyrights, patents, and unfair competition. We regularly defend and enforce IP rights for hospitals, health systems, physician groups, digital health providers, and related organizations where brand identity, proprietary technology, and confidential information are critical business assets.

Our experience includes litigating trademark infringement and unfair competition claims in federal and state courts, pursuing and defending appellate matters, and navigating proceedings before the Trademark Trial and Appeal Board. We also work proactively with health care clients to resolve intellectual property disputes efficiently through strategic motion practice, summary judgment, and administrative proceedings—often avoiding prolonged litigation while protecting core business interests.

Product Liability: Our litigation team represents health care manufacturers, suppliers, distributors, and providers in product liability matters involving medical devices, pharmaceuticals, equipment, and other health care‑related products. We understand that product liability claims can pose significant legal, financial, and reputational risks—threatening patient safety, regulatory compliance, supply chains, and market viability.

Our experience includes defending claims involving alleged design defects, manufacturing issues, failure‑to‑warn allegations, and complex scientific and engineering questions. We also counsel health care clients on product recalls, warning and labeling issues, and responses to inquiries from governmental agencies, helping organizations manage risk while maintaining continuity of care. In addition to litigation, we work proactively with clients through audits and risk‑assessment initiatives focused on safety, training, marketing, and warranty practices to reduce exposure before disputes arise.

Receiverships and Creditors’ Right Actions: When business relationships go bad for any reason and rights need to be asserted or protected, we have litigators who can protect the assets, the business and/or the parties, including receiverships, obtaining and enforcing judgments, bankruptcy proceedings, and other actions.

Medical Negligence & Wrongful Death: Our health care litigators handle cases involving medical negligence, wrongful death, and birth trauma claims. We bring a wealth of experience representing hospitals, nurses, physicians, and other health care providers in mediations, the Supreme Court of Ohio, appellate courts, and jury trials.

White Collar Defense & Investigations: Our seasoned litigators represent health care organizations and their leaders in government investigations and enforcement‑related litigation. We regularly advise hospitals, health systems, physician groups, long‑term care providers, and ancillary service providers in matters involving criminal, civil, and administrative exposure. Our team includes former prosecutors who are experienced at both avoiding criminal and collateral consequences, and at defending providers who find themselves in the midst of criminal prosecutions.

Our experience includes internal investigations, grand jury matters, and parallel criminal, civil, and regulatory proceedings arising from allegations of health care fraud, false claims, reimbursement and billing issues, Stark Law and Anti‑Kickback Statute compliance, FDA matters, DEA matters, antitrust investigations, and data privacy and HIPAA enforcement actions. We also counsel clients on voluntary disclosures, compliance remediation, and risk mitigation strategies.