Our health care litigation team has successfully defended health systems, hospitals, academic medical centers, physician groups, providers and managed care entities in civil and criminal matters and investigations throughout the country. Our attorneys represent clients in state and federal courts, mediation, arbitration and administrative proceedings. We also help clients respond to government investigations. Striving for a swift and favorable resolution, we negotiate on behalf of our clients and provide comprehensive litigation services on a wide range of issues facing clients in the health care industry.

We have represented health care industry clients in a wide range of disputes, often involving cutting edge legal issues at the forefront of the industry. For instance, we have been actively involved in the charitable trust, charity care and managed care lawsuits, and we continue to be a leading defense firm in connection with qui tam suits and related investigations. We also have considerable experience handling medical staff disputes, payor controversies, and commercial disputes in the health care context.

We draw on our national antitrust practice when necessary to advise on issues such as challenged mergers, questionable provider networks, government investigations of possible boycotts and potential misuses of market power by health care providers. Drinker Biddle was among the first firms in the country to successfully bring a private action to enjoin a hospital merger, and we have successfully defended hospital system clients against claims of an abuse of monopoly power and other alleged antitrust violations. We also successfully brought a lawsuit on behalf of hospital clients who were harmed or threatened with harm by anti-competitive acts by competitors.

Our health care litigators also regularly counsel clients on risk-avoidance and regulatory matters. We have notable success helping clients establish strategic partnerships designed to eliminate, reduce, or manage regulatory actions and other litigation confronting health care clients. Using teams of multi-disciplinary lawyers, we work hand-in-hand with our clients to manage litigation, oversee compliance programs and internal audit processes and advise clients on pending transactions.

Health Care Litigation

We have defended hospitals, health systems and pharmaceutical and device manufacturers in government investigations and enforcement actions involving False Claims Act and Medicare/Medicaid fraud, as well as other alleged fraud. Our representative matters include:

  • Defended a major medical device company in False Claims Act litigation premised on alleged violations of the Anti-Kickback Statute.
  • Defended a New Jersey hospital in False Claims Act litigation alleging numerous Medicare billing irregularities, including billing for medically unnecessary inpatient admissions and extending inpatient hospitalizations to improperly trigger post-discharge Medicare coverage for nursing home care. Obtained dismissal of the lawsuit under the public disclosure bar and for failure to state a claim.
  • Defended a Florida hospital in False Claims Act litigation premised on alleged violations of the Anti-Kickback Statute and Stark Law based on physician practice acquisitions and employment arrangements.
  • Defended an Arizona hospital in a DOJ investigation of alleged inappropriate Medicare inpatient admissions of patients undergoing certain interventional orthopedic procedures.
  • Defended multiple hospitals and health systems in DOJ investigations of the billing of cardiac device implantations that were allegedly not medically necessary and/or not covered by Medicare.
  • Defended a Tennessee outpatient dialysis provider in False Claims Act litigation alleging inappropriate coding.
  • Defended a Virginia home health agency in False Claims Act litigation premised on alleged Anti-Kickback Statute violations.
  • Defended a Nevada physician practice accused of violating the False Claims Act through numerous alleged coding irregularities.
  • Conducted an internal investigation on behalf of a Fortune 500 pharmaceutical company into alleged improper awarding of honoraria to medical doctors.
  • Represented a former Division President of a national pharmacy company in DOJ investigation of alleged violations of the Anti-Kickback Statute.
  • Assisting a 300-physician multi-specialty medical group in responding to a former executive’s allegation of inappropriate E&M coding and unlawful compensation arrangements.
  • Conducted multiple internal investigations for pharmaceutical companies involving alleged improper marketing activities under the Anti-Kickback Statute and FDA prohibition against off-label promotion.
  • Conducted internal investigations for a pharmaceutical company concerning allegations of improper medical device reporting and misconduct with respect to employee training programs.
  • Represented a major pharmaceutical company in a DOJ investigation of alleged improper marketing activities in violation of the Food, Drug and Cosmetic Act and parallel civil investigation of alleged violations of the False Claims Act.

Selected as a leading law firm for commercial litigation

Chambers USA - 2018

Recognized as a leading law firm for health care

Chambers USA