Jeffrey J. Sherrin

Jeffrey is a Shareholder at O’Connell & Aronowitz. Primarily a health care attorney, he is also an accomplished litigator in health care, commercial and employment cases. In his national health law practice, Jeffrey has represented providers and their trade associations for over 35 years. His clients include hospitals, clinical laboratories, alcohol and substance abuse providers, behavioral health providers, nursing homes, home health care agencies, adult care facilities, DME and respiratory suppliers, physician practices, and ancillary health care practitioners. His clinical laboratory clientele, in particular, is nationwide, and he is regularly tapped to speak at national conferences and forums on issues affecting clinical laboratories.

Jeffrey practices in all federal and state courts, and before all federal and state health care regulatory agencies. He has successfully represented the New York State hospital industry in two appeals before the United States Supreme Court and actively represents clients in all types of healthcare litigation, including criminal, civil and administrative fraud and abuse investigations; Medicare, Medicaid and private insurer audits, and commercial litigation. He also represents providers in professional discipline and regulatory enforcement matters.

In the area of Employment Law, Jeffrey obtained a $15.4 million jury verdict for an individual plaintiff in a sexual harassment trial, which, at the time, was the largest verdict in the country for an individual plaintiff in an employment discrimination case. He also recovered over $23 million for clinical laboratories from the New York State Department of Health in two lawsuits, due to the State’s collection of excessive license fees, and over $8 million for an individual clinical laboratory from a major health insurance company for wrongful denials of claims. Jeffrey has also successfully represented shareholder interests in major class action litigation.

Formerly in charge of litigation for the New York State Department of Mental Hygiene, Jeff was also an Adjunct Professor of Law for Union College’s graduate program in Health Care Administration. He has been listed in the publication The Best Lawyers in America for over 20 years and also consistently been listed in the Upstate New York Super Lawyers list, a distinction earned by less than 5% of attorneys in the state.

Professional & Civic Leadership

Professional Associations

• American Association for Justice

• American Health Lawyers Association

• Capital District Trial Lawyers Association

• New York State Trial Lawyers Association

• New York State Bar Association, Health Law Section

• New York State Bar Association

• American Bar Association

Awards

Best Lawyers, 1991-2019

AV Preeminent 5.0 out of 5, Peer Review, Martindale-Hubbell, 2019

Upstate New York Super Lawyers, 2009- 2019

Equal Justice Award

Presentations & Publications

Presentations

• Aggressive Audits: Holding Labs Responsible for Medical Necessity

National Independent Laboratory Association

Mid-Winter Meeting | San Diego, CA

2018

• PAMA Lawsuit: Allegations, Process and Timeline

National Independent Laboratory Association

2018 Lab Leaders Forum | San Diego, CA

• Threats to Profitability Facing Clinical Laboratories and Pathology Groups

The Dark Intelligence Group/Dark Daily

Webinar

2018

• PAMA Lab Test Market Price Reporting, What EVERY Lab Must Know, Which Labs Must Submit Data and Why Reporting Labs are at Risk!

Webinar

2016

• OMIG Compliance

New York State Association Health Care Providers

2015

• Home Care Forum: Public Policy Updates

New York State Association of Health Care Providers

2015

Publications

• FDA Seeks to Regulate Laboratory Developed Tests

• The Wild, Wild West of Billing by Out-of-Network Labs and Waivers of Patient Responsibility

• HIPAA-Based Criminal Indictment for Communicating with Patient's Employer

• US Supreme Court Rules in FCA, FOIA Case

Results

Representative Cases

• American Association of Bioanalysts et al. vs. NYS Dept of Health

Practice Area: Healthcare

Outcome: $23M refund for overpayment of fees

Description:

2 cases related to overcharging clinical laboratories for costs of their regulation. First case resulted in favorable decision leading $5M repayment to plaintiff labs. Second case resulted in settlement refunding $18M to plaintiff laboratories.

• New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co.

Practice Area: Healthcare

Outcome: Resulted in changing the law

Description:

Won ERISA preemption challenge to state hospital reimbursement statute in US Supreme Court

• Nestler v. Chartwells USDC NDNY

Practice Area: Sexual harassment

Outcome: $15.4 million jury verdict

Description:

Represented plaintiff in individual sexual harassment case resulting in the country’s highest verdict at the time for individual employment discrimination.