Litigation

The complexity and uncertainty of today's health care environment often can lead to litigation. Porter Wright's litigation attorneys assist our clients in these disputes to achieve the best solution for their business, whether through litigation or an alternative resolution.

Our practice encompasses a broad range of litigation matters that affect health care systems, hospitals, academic medical centers, physicians and physician groups, pharmaceutical companies, distribution of pharmaceuticals, health care product manufacturers and distributors, managed care organizations and long term care facilities. Our health care clients benefit from our trial lawyers working closely with our corporate health care lawyers and their understanding the unique business challenges of health care organizations.

Our health care litigation services includes:

  • Antitrust and competition
  • Fraud and abuse/false claims
  • Privacy/HIPAA
  • Staffing and employee issues
  • Licensure and certification
  • Reimbursement
  • Merger and acquisition disputes
  • Class actions
  • Regulatory issues
  • Government investigations
  • Contract disputes
  • Product liability
  • Criminal defense
  • Environmental issues
  • Real estate issues

Representative matters:

  • Represented hospital systems in a range of matters related to business litigation, including pivotal contractual disputes and premises liability issues
  • Provided advice on various business tort and contract disputes involving a major health care distributor and its customers, suppliers and competitors
  • Handled litigation involving pharmacies breaching their member certification agreements
  • Served as counsel for a large pharmaceutical company in a putative consumer class action alleging claims for violation of Ohio Consumer Sales Practice Act (OCSPA), violation of Ohio's Deceptive Trade Practices Act (ODTPA), breach of express warranty and breach of implied warranty arising from the company's promotion, advertising and marketing
  • Handled litigation involving allegations of breaches of distribution agreements between an international pharmaceutical company and their major suppliers
  • Provided e-discovery advice concerning review of certain aspects of electronically stored information (ESI) processes for health care providers and pharmaceutical companies
  • Handled litigation matters in federal and state courts around the country regarding transfusion associated cases (including HIV and Hepatitis) as well as donor injury matters
  • Served as counsel in a hybrid pharmaceutical products liability and medical malpractice action involving a drug, with claims premised on product liability theories including a failure to warn and design defect
  • Handled a major dispute with a surgery center's landlord over non-billed common area maintenance (CAM) charges
  • Served as counsel in a pharmaceutical class action with 3,000 cases pending in an multi-district litigation
  • Defended a criminal investigation involving services that were allegedly improperly supervised, and/or not delivered
  • Defended a nursing home which was criminally charged with Patient Endangering related to the death of a patient and the quality of care provided
  • Represented clients in federal fraud investigations involving alleged improper kickbacks, "up-coding", unbundling, and improper cost report expenses
  • Defended clients against charges arising from nursing standard of care issues, including claims related to pressure sores, staffing, recordkeeping, infection control, medication errors, nursing home policies and procedures, and training issues