Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Baker Donelson has a leading Health Law Group in the south central United States, and its multidisciplinary team of attorneys provides a full spectrum of services to the Firm's health care clients, including litigation of commercial and contract matters, antitrust disputes, regulatory and governmental issues, and defense of tort cases for a myriad of health care providers.

Representative Matters

• Defeated summary judgment motion in federal court filed by a foundation seeking to prevail on a claim for $15 million in damages based upon a guaranty related to the purchase of a hospital against our client, a large health care corporation.
• Successfully appealed and overturned the determination by a government benefits administrator that a Mississippi physician had been overpaid for services to Medicare patients. The administrator had extrapolated that the provider had been overpaid nearly $75,000 before the case was overturned.
• National trial counsel for physician practice management company. Responsible for supervision of local counsel and trials in four states in all breach and/or termination of management contract cases. Settled all suits through negotiated dissolution of practice management relationship and payment of negotiated management fees.
• Defended physician practice management company in common law fraud and misrepresentation, state and federal securities law fraud and breach of contract claim brought by 18 orthopedic surgeons and their clinic. Negotiated dissolution of practice management relationship, termination of management contract and payment of management fees of $3.5 million.
• Defended community hospital in suit by terminated hospital/home health management company for alleged wrongful termination and breach of management contracts. Negotiated nominal settlement. Termination of hospital/home health management contracts validated in settlement.
• Represent six health maintenance organizations (HMOs) and state trade association in seeking intervention and appeal to challenge consent decree granting enhanced procedural due process for state Medicaid recipients. Intervention granted; appeal pending before U.S. Court of Appeals.
• Defended HMO in express contract, declaratory judgment, conversion, unjust enrichment and Consumer Protection Act action seeking increased compensation for out-of-network hospital. Judgment for defendant on four of plaintiff's five claims; appeal pending on fifth claim in Tennessee Court of Appeals.
• Represented six of seven HMOs administering TennCare (Medicaid) benefits to Tennessee Medicaid beneficiaries in class action brought by class of beneficiaries alleging due process and other violations. Baker Donelson's clients allowed to intervene to challenge consent decree entered by plaintiffs and state defendants.

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