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Services Available
The Firm regularly serves as counsel for hospitals, nursing homes, ambulatory surgery centers, ambulatory health care facilities, urgent care centers, assisted living facilities, home health agencies, hospices, physicians, physician groups, and other health care providers throughout Ohio, West Virginia, and Kentucky. The Firm offers a complete array of legal services to health care providers including: General Healthcare • Fraud and abuse
• Anti-kickback
• False claims
• Qui Tam actions
• Stark
• Not-for-profit taxation
• Private inurement
• Intermediate sanctions
• Physician recruitment
• Certificates of need
• Rate review
• Reimbursement
• Licensure
• HIPAA
• EMTALA
• HCQIA
• FDA
• Bio-medicine
• Corporate Compliance
• Joint Commission
• Medical Staff bylaws
• Peer review proceedings
• Professional credentialing
• State medical board
• Managed care
• OSHA
• Public financing Litigation • Antitrust
• Credentialing
• Malpractice
• Managed care
• Medical devices
• Medicare and Medicaid fraud
• False Claims Act
• RICO
• Breach of contract
• Insurance coverage
• Intellectual property Transactional • Joint ventures
• Syndications
• Mergers
• Acquisitions
• Dispositions
• Public financing
• Corporate reorganizations
• Incorporations
• LLC formation
• Employment agreements
• Service agreements
• Computer agreements
• Development agreements
• Management agreements
• Managed care agreements
• Executive compensation
• IPA formation
• MSO formation
• PHO formation
• PPO formation
• PSO formation
• Real estate Labor • Employment agreements
• Non-compete issues
• Unionization
• Employment law counseling With its extensive background and experience in a full spectrum of health care issues, Dinsmore & Shohl can help your business understand and manage the changes in health care industry. Representative Experience Fairmont General Hospital, Inc.
McFann v. Fairmont General Hospital
Defense verdict for medical malpractice claim involving fetal death Sree Mulpuru, M.D.
McDaniel v. Mulpuru
Defense verdict for medical malpractice claim involving infant death resulting from hypoplastic left heart syndrome Anonymous Dentist
Anonymous Plaintiff v. Anonymous Dentist
Dental malpractice Children's Hospital Medical Center and Employed Physicians
Medical Malpractice Defense Litigation
Defense of pediatric medical center and its employees and employed physicians against claims including personal injury, malpractice, negligence and issues of informed consent Anonymous Church
Anonymous Plaintiff v. Community Medical Center
Dispute between Church and community activists over control of hospital Medical Device Manufacturers
Anonymous Plaintiff v. Medical Device Manufacturers
Claims of product liability, breach of warranty and fraud related to the alleged failure of a medical device Multiple Clients
Health Care Law
Mr. O'Neil has practiced exclusively in the areas of health care litigation, regulatory, administrative, and corporate law for the past 27 years. Mr. O'Neil represents health systems, hospitals, and other health care providers located throughout West Virginia including the largest non-profit hospitals in the state. Mr. O'Neil has represented: • National hospital associations, state hospital association, and individual hospitals in federal
litigation to invalidate state statute dictating composition of hospital boards of directors • State hospital association and individual hospitals in federal litigation to invalidate state statutes
freezing hospital rates and imposing caps on gross patient revenues • State hospital association in federal litigation challenging state's hospital donation/Medicaid
match program to fund Medicaid Program • Hospitals in federal Medicare and Medicaid fraud and abuse and false claims investigations • Hospital in federal litigation against physicians for price fixing and concerted refusal to deal • Hospital in federal antitrust investigation • Hospital in uninsured billing litigation • National drug companies in contract litigation • Hospital in physician on-call pay litigation • Hospitals and other health care providers in hundreds of certificate of need cases and matters • Hospitals in scores of hospital rate setting cases and matters • Hospitals and other health care providers in Medicaid reimbursement hearings and appeals • Hospitals and physicians in Medical Staff membership and clinical privileges cases • Physicians in medical licensure cases • Hospitals and health systems in corporate reorganizations • Hospitals and health systems in the development of integrated delivery systems • Hospitals, health systems, nursing homes, and other health care providers in mergers, acquisitions,
and dispositions • Hospitals, health systems, and physicians in the development, purchase, and sale of physician practices • Hospitals, health systems, physicians, and other health care providers in connection with physician contracts, physician recruitment, non-profit taxation, Medical Staff bylaws, hospital licensure, nursing home licensure, covenants not to compete, Stark II, EMTALA, HCQIA, and HIPAA • Hospital as moderator and facilitator at board retreat University of Louisville Hospital
Kelly Comstock v. University of Louisville Hospital
Suit in excess of $600,000 for claim of hospital negligence Multiple Clients
Litigation Experience
Ms. Lydon has represented the following clients: The Procter & Gamble Company - Defense of Mass Tort Litigation
Yamaha Motor Corporation U.S.A. - Litigation Counsel
Anonymous Chemical Companies - Litigation Counsel; Defense of Mass Tort Litigation
Franciscan Sisters of the Poor Health System - Litigation Counsel and Risk Management
LCA Vision, Inc. - Litigation Counsel
CBS Personnel Services - Litigation Counsel
Humana, Inc. - Litigation Counsel
Shelter Insurance Companies - Litigation Counsel
Professional Risk Management Services - Litigation involving Psychiatrists
Inova Health System - Litigation Counsel
Anonymous Importers of Power Transmission Components - Litigation Counsel
FKI Logistex - Outside Counsel
Riverhills Healthcare, Inc. - Outside Counsel
Interlake Material Handling, Inc. - Litigation Counsel
HealthSouth - Resolution of disputes with Ohio entities
Anonymous Hospitals - Defense of RICO, Health Care Fraud, Qui Tam and Malpractice allegations
Health Care Providers - Litigation counsel; advisor on various issues including regulatory matters, fraud & abuse, licensure, credentialing, risk management, etc. Owner of Nursing Home
Anonymous Plaintiff v. Owners of Nursing Home
Personal injury action due to slip and fall Columbia Suburban Hospital and Columbia Audubon Hospital
Stanley Dean Myers v. Columbia Suburban Hospital and Columbia Audubon Hospital
Suit for negligence in excess of $4,000,000 St. Elizabeth Medical Center
St. Elizabeth Medical Center / Dr. James C. Burt
Represented SEMC in nearly 50 lawsuits alleging injuries from Dr. Burt’s infamous “Love Surgery” Srini Vasan, M.D.
Stewart v. Vasan
Defense verdict for medical malpractice claim for alleged complications following radiation treatment for cervical cancer Children's Hospital Medical Center
Werden v. Children's Hospital Medical Center
Medical malpractice claim Owner of Nursing Home
Cable Television Company v. Owner of Nursing Home
Suit for use of cable television wiring
Davis Memorial Hospital
Rowan v. Davis Memorial Hospital
Defense verdict for claim involving rural hospital alleging medical malpractice and wrongful death Multiple Clients
Nursing Home Representation
Represented numerous nursing homes and assisted living facilities in a variety of ways, including Medicaid and collection matters. Private Not for Profit Hospital System
Sale of Assets
Sale of assets of private not for profit hospital system Neurosurgery Practice
Anonymous Plaintiff v. Neurosurgery Practice
Medical malpractice claim Children's Hospital Medical Center
Schirmer v. Children's Hospital Medical Center
Wrongful birth action Large State-Wide Hospital Group
Health Care
Collection efforts on behalf of large hospital Cardiac Health Care Provider
Contractual Agreements
Contractual agreements related to development of new open heart surgery program Beckley Surgery Center, Inc.
Certificate of Need
Certificate of Need for development of ambulatory surgery center Joseph Kassis, M.D.
Cottrill v. Kassis
Defense of suit for medical malpractice involving complications during removal of kidney stone MedExpress
Development of Urgent Care Business
Various commercial transactions in ongoing development of urgent care business David Hess, M.D.
Curry v. Hess
Defense verdict for medical malpractice claim involving alleged addiction to OxyContin Monongalia County Building Commission
Bond Finance
Our firm represented the Monongalia County Building Commission in a $4,645,000 bond financing for construction projects, capital improvements, and refunding prior bonds for a nursing home. Dr. Galang
Abrogast v. Galang
Defense verdict for medical malpractice claim involving Reflex Sympathy Disorder from venipuncture Stan Huber, M.D.
Boso v. Huber
Defense of suit for medical malpractice involving spinal cord injury Ambulatory Surgery Center
Certificate of Need
Certificate of Need for development of ambulatory surgery center Multiple Clients
Business Litigation
Will Montague has served multiple clients in complex business litigation matters involving a wide variety of legal issues and business industries. The following is a representative list of litigation matters for which Mr. Montague has served as lead counsel for his client or otherwise played a significant role in the litigation. Information Technology Industry litigation: • Lexmark International, Inc. v. Dialer & Business Electronics Co. Ltd., et al., U.S. Dist. Ct., E.D. Ky., 5:98-cv-00215-KSF (representation of plaintiff Lexmark in contract action against Taiwanese electronics company) • Lexmark International, Inc. v. Play Industries, U.S. Dist. Ct., E.D. Ky., 5:99-cv-00168-HRW • Play Industries v. Lexmark Int'l Inc., U.S. Dist. Ct., E.D. Calif., Case No. 99 CV 932
(lead counsel representation of Lexmark in product development litigation pending in multiple forums) • Integrated Circuit Systems, Inc. v. Lexmark International, Inc., Fayette Circuit Court, Case No. 99-CI-1018 (lead counsel representation of defendant Lexmark in contract litigation) • Lexmark International, Inc. v. Grey Advertising, Inc., Fayette Circuit Court, Civil Action No. 00-CI-2533 (lead counsel representation of plaintiff Lexmark in advertising contract litigation) • Lexmark International, Inc. v. NDC Systems, L.P., et al., U.S. Dist. Ct., E.D. Ky., Case No. 5:01-cv-00154-KSF (lead counsel representation of plaintiff Lexmark in computer systems contract litigation) Banking and Financial Services Industry litigation: • Peoples Bank & Trust Company of Madison County v. The Aetna Casualty & Surety Company, U.S. Dist. Ct., E.D. Ky., Case No. 94-73 (representation of plaintiff bank seeking insurance coverage for losses occasioned by insider fraud) • Caja Ahorros y Monte de Piedad de Gipuzkoa y San Sebastian v. North American Stainless, U.S. Dist. Ct., E. D. Ky., Case No. 3:96-cv-00091-JMH (representation of Spanish bank in multi-million dollar international banking litigation) • First National Bank & Trust Co. v. Brant, et al., U.S. Ct. App., 6th Cir., Case No. 03-5533 (lead counsel appellate representation of plaintiff bank in multi-million dollar wire transfer litigation) Health Care Industry litigation: • The Commonwealth of Kentucky and The University of Louisville v. Columbia/HCA Healthcare Corporation, Franklin Circuit Court, Case No. 95-CI-1891 (representation of Commonwealth of Kentucky and University of Louisville Hospital in medical industry litigation and related arbitration involving claims exceeding $100 million) • T.J. Samson Community Hospital, et al. v. Southeastern United Medigroup, Inc., Anthem Blue Cross and Blue Shield, et al., Barren Circuit Court, Case No. 97-CI-00047 (representation of defendant Anthem Blue Cross in multi-million dollar class action claims asserted by hospitals regarding medical cost reimbursement claims exceeding $10 million) Bankruptcy and Insurance Liquidation litigation: • Phoenix Corporation, Calumet Farm, Inc. v. Casty, U.S. Bankr. Ct., E.D. Ky., Adversary No. 93-5078 (representation of defendant in complex bankruptcy preference action) • George Nichols, Liquidator for Kentucky Central Life Ins. Co. v. ABN AMRO Bank N.V., et al., Franklin Circuit Court, Case No.: 93-CI-196-AP-004 • In Re: Stephens v. ABN Amro Bank N.V., et al., U.S. Dist. Ct., E.D. Ky., 3:94-cv-00061-JMH
(representation of defendant entity owned by Merrill Lynch in complex insurance liquidation adversary proceeding and related federal court action involving claims exceeding $50 million) • AMCI Coal Sales, Inc. v. Mountain Mineral Coal Sales, Inc., et al., U.S. Bankr. Ct., E.D. Ky., Adversary No. 96-7003 (representation of plaintiff in bankruptcy adversary proceeding) • Bank One, Kentucky, NA, v. NationsBank of Texas, NA, U.S. Bankr. Ct., E.D. Ky., Adversary No. 96-02058-wsh (representation of plaintiff BankOne seeking declaration of rights in bankruptcy adversary proceeding) • Alminco, Inc. v. Bravo International Supply, U.S. Bankruptcy Ct., E.D. Ky., Adversary No. 99-5003 (representation of plaintiff in bankruptcy adversary proceeding) • In Re: Russell Cave Company, Inc., The J. Peterman Company, U.S. Bankr. Ct., E.D. Ky, Case No. 99-50142 (representation of Chapter 11 debtor in various bankruptcy matters involving debtor's nationwide retail operations) • Technologies International Holdings, Inc. et al., v. Commonwealth of Kentucky, et al., U.S. Bankr. Ct., E.D. Ky., Adversary No. 99-05074-wsh (representation of intervening plaintiff BankOne in bankruptcy adversary proceeding to protect $10 million security interest) • Appalachian Regional Healthcare, Inc., et al., v. Turner, et al., Franklin Circuit Court, Case No. 05-CI-00344 (representation of defendant CEO of large workers compensation self-insured fund in $80 million litigation arising from insurance liquidation proceedings) Equine Industry litigation: • Keeneland Association, Inc. v. Hollendorfer, U.S. Dist. Ct., E.D. Ky., Case No. 96-466 (representation of plaintiff Keeneland in equine litigation) • Keeneland Association, Inc. v. Pegasus Bloodstock, USA, Inc., et al., U.S. Dist. Ct., E.D. Ky., Case No. 96-103 (representation of plaintiff Keeneland in equine litigation) • Domino Stud of Lexington, Inc. North Ridge Farm v. Griffin, Fayette Circuit Court, No. 96-CI-2438 (representation of horse farm in boarding/lease dispute) • Kentucky Standardbred Sales Company, LLC v. Waxman, U.S. Dist. Ct., E.D. Ky., Case No. 96-546 (representation of plaintiff in equine litigation) Trust and Estate litigation: • Fon Rogers, Trustee v. The Pittston Company, et al., U.S. Dist. Ct., W.D. Va., Civil Action No. 92-0019 (representation of family trust in multi-million dollar business litigation) • Ballou, et al. v. Ballou, et al., U.S. Dist. Ct., E.D. Ky., Case No. 95-264 (representation of family member in dispute regarding family trust) • Powell v. Barsky, Bourbon Circuit Court, Case No. 99-CI-00033 (lead counsel representation of trustee in family trust litigation) Other litigation: • Valera, et al. v. The Ohio Company, et al., Pike Circuit Court, No. 90-CI-471 (representation of defendant corporations in multi-million dollar class action securities litigation) • Wade Swope Toyota, Inc. v. Toyota Motor Distributors, Inc., et al., U.S. Dist. Ct., W.D. of Ky., Case No.: 3:91-cv-00821-JGH-CCG (representation of defendant Toyota in multi-million dollar business litigation involving vehicle allocation system) • The Aetna Freight Lines, Inc. v. R & J Manufacturing Co. et al., Scott Circuit Court, Case No. 96-CI-0008 (representation of plaintiff in international shipping dispute) • Equal Opportunity Finance, Inc. v. Kentucky Highland Investment Corp., Laurel Circuit Court Case No. 97-CI-0431 (representation of plaintiff entity owned by Ashland, Inc., in multi-million dollar business litigation) • Meatyard v. Greene, Fayette Circuit Court, Case No. 03-CI-1161 (representation of defendant in litigation regarding ownership of valuable photograph prints) Pressley Ridge Schools
General Representation
General corporate, health care and litigation matters Northwood Health Systems, Inc.
General Representation
Dinsmore & Shohl provides our client, a provider of behavioral health care services, with general representation in corporate, health care, behavioral health care regulation and litigation matters, including complex regulatory, HIPAA, non-profit governance and health care reimbursement issues. Kenneth D'Amato, DO
Harrison v. D'Amato
Defense verdict for alleged medical malpractice claim for nerve injury following carpal tunnel surgery Hospitals and Medical Practice Groups
Health Care
Preventative counsel for various hospitals and medical practice groups James Bosley, M.D.
Hawkins v. Bosley
Defense verdict for medical malpractice claim for alleged failure to diagnose and treat gallbladder disease The Christ Hospital
Ellington v. Kranias, et al.
Represented The Christ Hospital in a medical malpractice action involving retinal detachment surgery and subsequent blindness T. K. Bowers, Jr., M.D.
Earnhart v. Bowers
Defense verdict for medical malpractice claim involving post-surgical infection following hernia surgery Anonymous Physician and Samaritan Hospital
Estate of Henry Persley v. Anonymous Physician and Samaritan Hospital
Claim of medical malpractice Multiple Clients
General Litigation Product Liability Litigation Mr. Eagen has been involved in product liability defense work for the full extent of his career representing manufacturers of exercise equipment, medical devices, toxic substances and various other products. Most recently he has been involved in major product liability litigation involving claimed defects in motor vehicle products. Insurance Industry Litigation Over the years Mr. Eagen has represented numerous insurance companies involving claims of bad faith, inappropriate claims handling and coverage issues. Asbestos Personal Injury Defense For over 30 years Mr. Eagen has represented numerous defendants in the asbestos personal injury litigation including the trial of cases in Michigan, Ohio and Pennsylvania. In the 1980's, Mr. Eagen was the lead defense attorney in southwestern Ohio for the Asbestos Claims Facility representing approximately 30 manufacturers and 20 insurers in the litigation. His original clients were The Celotex Corporation and Keene Corporation, manufacturers of asbestos-containing insulation. In recent years, Mr. Eagen has represented more peripheral defendants dealing with issues such as product exposure, medical causation, federal pre-emption and applicability of tort reform legislation. Mass Tort Litigation Mr. Eagen has been involved in the representation of defendants in mass tort litigation including suits involving asbestos, silica, breast implants and tobacco. Among other issues, this litigation involves MDL issues, class-action issues, industry-wide discovery issues and complex case management issues. Appeals Mr. Eagen has been involved in numerous appeals of matters he has tried and occasions where he has been retained as appellate counsel. This work has primarily taken place in the Sixth Circuit Court of Appeals and the First District Court of Appeals of Ohio. Commercial Litigation Mr. Eagen has been involved in a number of cases involving contract interpretation disputes primarily involving the construction industry. These lawsuits have involved cost overrun issues, bid document interpretation issues and specification compliance issues. Motor Vehicle Collision Litigation Historically, Mr. Eagen has represented numerous defendants in lawsuits involving motor vehicle accidents primarily as referrals from liability insurance carriers. Recently, Mr. Eagen has become involved on the plaintiff's side in a number of high-value motor vehicle accident cases. Professional Liability Mr. Eagen has represented doctors, podiatrists, hospitals and attorneys who have been sued for professional negligence. Most recently he is defending an investment advisor in a case involving ERISA and due-diligence issues. Suburban Medical Center
Estate of Palmer Landram v. Suburban Medical Center, et al.
Suit for negligence in excess of $1,000,000
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