Healthcare Disputes

Disputes in the healthcare industry are on the rise. They stem from aggressive government and commercial payor initiatives and positions on reimbursement issues, strict rules on data privacy, and fast-moving technological advances where there may be inconsistent expectations among the parties involved. All of these issues can be very complex and they often involve sensitive business relationships. The fair and prompt resolution of these disputes can be critical to operational success.

Our Healthcare Disputes Group focuses on these disputes and they have a proven record of success. We also provide operational support on more “routine” investigations and other matters creating potential liability and we regularly provide in-service training to help clients stay ahead of these issues. Our clients include hospitals and health systems, nonprofit academic medical centers, ambulatory surgery centers, air ambulance companies, specialty pharmacy, dialysis centers, clinical laboratories, senior living communities, home healthcare companies, physician practice management companies, and physicians’ practices.

We use an interdisciplinary approach, engaging lawyers from our healthcare regulatory and operations group to create the right legal team for every investigation or dispute.

Our healthcare dispute services include:

  • Healthcare fraud and abuse.
  • Compliance and audits.
  • Managed care disputes.
  • IT software vendor disputes.
  • Privacy and data security.
  • Antitrust and trade practices.
  • Professional liability and risk management.
  • Medical staff disputes.
  • Successfully represented AmSurg Holdings, Inc. in a dispute with a group of physicians seeking to invalidate a non-compete provision that was a material feature of a highly profitable surgery center partnership located in  Minnesota

    We represented AmSurg Holdings, Inc. in a dispute with a group of physicians seeking to invalidate a non-compete provision that...
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    Client Type: Public Company
  • We serve as lead counsel for the company and 23 individual defendants in a putative class action alleging violations of Sections 10(b), 10A and 20(a) of the Securities Exchange Act of 1934 and Sections 11, 12 and 15 of the Securities Act of 1933. The plaintiffs allege that defendants made materially false and misleading statements and omissions concerning the company’s contracts and its out-of-network billing. In re Envision Healthcare Corporation Securities Litigation, Civil Action No. 3:17-cv-01112 (M.D. Tenn.).

    We serve as lead counsel for the company and 23 individual defendants in a putative class action alleging violations of...
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    Client Type: Private Company
  • We served as lead counsel for Envision Healthcare Corporation and current and former board members in four derivative actions asserting claims for breach of fiduciary duty, wasted corporate assets, unjust enrichment and violations of the Securities and Exchange Act of 1934 arising out of allegations of over billing and improperly billing medical patients, failing to supervise corporate action and failure to maintain proper internal controls.  These cases were consolidated in 2018.  Following a company merger, the case was dismissed in its entirety on October 25, 2018. Purrone v. Sanger et al., Case No. 3:17-cv-01472 (M.D. Tenn.).

    We served as lead counsel for Envision Healthcare Corporation and current and former board members in four derivative actions asserting...
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    Client Type: Private Company
  • Represented Quest Diagnostics in its acquisition of the Outreach Laboratory Service Operations of Marin General Hospital

    We represented Quest Diagnostics (NYSE: DGX) in its acquisition of the outreach laboratory services operations of Marin General Hospital, a non-profit, full-service...
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    Client Type: Public Company
  • Successful representation of Medsurant LLC in appeal to vacate $18.8 million dollar jury verdict in case alleging tortious interference

    We successfully represented Medsurant LLC in an appeal to vacate an $18.8 million dollar jury verdict in a case alleging...
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    Client Type: Private Company
  • Obtained summary judgment on behalf of a group of 21 Tennessee physicians in federal litigation in Nashville challenging a regulation from Centers for Medicare & Medicaid Services

    We obtained summary judgment on behalf of a group of 21 Tennessee physicians in federal litigation in Nashville challenging a...
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    Client Type: Individual
  • Representation of The Brattleboro Retreat, an in-patient addiction treatment facility located in Brattleboro, Vermont, in a False Claims Act (FCA) lawsuit, resulting in the district court granting the Retreat’s motion to dismiss

    We served as lead counsel representing a not-for-profit in-patient addiction treatment facility located in Brattleboro, Vermont, in a qui tam...
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  • Serving as lead counsel for Air Methods Corporation in seven putative class actions filed in federal district courts around the country in which patients are challenging the reasonableness of the company’s charges for emergency air ambulance services

    We are lead counsel for Air Methods Corporation in seven putative class actions filed in federal district courts around the...
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    Client Type: Public Company
  • Represented eleven HCA hospitals in Middle and Southern Tennessee in claims against BlueCross BlueShield of Tennessee for underpaying thousands of out-of-network claims for emergency services

    We represented eleven HCA hospitals in Middle and Southern Tennessee in claims against BlueCross BlueShield of Tennessee for underpaying thousands...
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    Client Type: Public Company
  • Representation of several hospitals against a self-funded employee benefit plan for underpaying hundreds of claims contrary to the agreed fee schedule with a focus on ERISA preemption issues

    We served as lead counsel for several HCA hospitals against a self-funded employee benefit plan for underpaying hundreds of claims contrary...
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    Client Type: Public Company
Russell S. Baldwin
Counsel
Jaime L. Barwig
Member
Angela L. Bergman
Associate
Stefanie P. Carter
Associate
J. Taylor Chenery
Member
E. Steele Clayton, IV
Member
Michael Dagley
Member
Wallace W. Dietz
Member
John C. Eason
Member
Lindsey Brown Fetzer
Member
Mary Beth Fortugno
Member
Lauren M. Gaffney
Member
John S. Golwen
Member
R. Dale Grimes
Member
Anna M. Grizzle
Member
Danielle Dudding Irvine
Associate
Brian Irving
Associate
John E. Kelly
Member
W. Brantley Phillips, Jr.
Member
Brianna R. Powell
Associate
Lisa S. Rivera
Member
Glenn B. Rose
Member
Molly K. Ruberg
Associate
Taylor M. Sample
Associate
Matthew J. Sinback
Senior Litigation Attorney
Danielle M. Sloane
Member
Lucas Ross Smith
Member
Page Minton Smith
Associate
Russell E. Stair
Member
Julia Tamulis
Member
Shelley R. Thomas
Member
Meredith Mallard Thompson
Counsel
Nesrin Garan Tift
Member
Quyen Vo
Associate
Kathryn Hannen Walker
Member
Elizabeth S. Warren
Member
Jeffrey P. Yarbro
Counsel
Virginia Maynard Yetter
Associate

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Our healthcare attorneys encompass the multitude of legal specialties necessary to service one of the largest, most highly regulated industries in the United States. We bring our multidisciplinary, team approach to our representation of the following sectors and facilities:

  • Academic medical centers.
  • Ambulatory surgery centers.
  • Behavioral health.
  • Cancer therapy.
  • Clinical laboratories.
  • Dermatology.
  • Diagnostic imaging.
  • Health plans, managed care companies and benefit management companies.
  • Healthcare information technology.
  • Home health.
  • Hospice.
  • Hospitals and health systems.
  • Life sciences.
  • Managed care.
  • Medical device.
  • Nonprofit providers.
  • Orthotics and prosthetics.
  • Pharmaceuticals and pharmacies.
  • Physician practices, outsourced physician services and management companies.
  • Private equity.
  • Real Estate Investment Trusts (REITs).
  • Revenue cycle management.
  • Senior housing and long-term care.
  • Specialty pharmacy and pharmaceuticals.
  • Telemedicine.
  • Urgent and retail care clinics.
  • Wellness and disease management.