For healthcare clients facing litigation, SOHJ provides a combination of deep healthcare expertise and advocacy skill. Our attorneys offer substantial experience at the trial court and appellate levels throughout the U.S., before arbitration panels, and in administrative proceedings and mediations.

SOHJ’s Healthcare Litigation Practice covers all aspects of the industry. We represent for-profit and nonprofit healthcare providers, management companies, and physicians, among others, and have litigated a wide variety of disputes on behalf of these clients. Understanding the unique business environment and regulatory oversight that impact the way that healthcare entities operate, we advise on and resolve disputes relating to contractual arrangements, employment, labor and compensation, problems arising from partnerships, mergers, acquisitions and joint ventures, regulatory issues and operational concerns. We have also litigated securities class actions, Employee Retirement Income Security Act of 1974 (“ERISA”) claims, noncompetition agreement disputes, accounting disputes, and reimbursement matters. Additionally, our lawyers are experienced in handling matters as diverse as qui tam cases under the False Claims Act, antitrust cases, business reorganizations and restructurings, healthcare fraud and abuse claims, and construction and real estate disputes.

Our healthcare-industry clients benefit from our breadth and depth of healthcare industry knowledge, specialized experience and unrivaled litigation skill, all of which are only available from a firm that routinely tries to verdict complex cases for the industry.

REPRESENTATIVE MATTERS:

• Defended a boutique hospital against claims brought by a health insurer seeking the disgorgement of approximately $15 million in claims paid due to allegedly improper coding of claims.
• Represented a freestanding emergency department in a dispute with a health insurer regarding underpayment of claims (and defended against the insurer’s claim of improper coding and violations of Texas law). With approximately $7 million in controversy, we negotiated a confidential settlement for our client the weekend before trial.
• Represented a regional medical provider against fraud claims related to the proposed construction of a hospital. We obtained summary judgment, dismissing all of the plaintiff’s claims against our client.
• Representing a publicly traded healthcare company in a fraud and breach of fiduciary duty case against a financial advisory firm in which our client is seeking in excess of $3 million in damages and the return of several million shares of stock that the defendants hold in our client’s company. We sought and obtained an injunction to prevent the defendants from selling or otherwise encumbering our client’s stock.
• Represented a national hospital developer in a $23 million arbitration arising out of alleged mismanagement of a hospital. The case involved breach of contract, fraud, and negligent misrepresentation claims and was successfully settled with our client receiving a multimillion-dollar payment.
• Represented the respondent architecture and engineering firm in a professional negligence case related to the construction of a hospital. The claimant claimed deficiencies and lost profits from a delayed opening in the tens of millions of dollars. After a two-week hearing, the panel of three arbitrators awarded the claimant a mere $59,000 in total damages.
• Represented a physician in a breach of a noncompete agreement action related to the sale of a privately owned hospital. We obtained a confidential favorable settlement for the client prior to trial.