dcsimg Healthcare

Healthcare

Today's healthcare, pharmaceutical, life sciences and medical devices enterprises face a daunting array of legal and business issues, many of which exist in no other sector of the global economy. Among these unique challenges are regulatory compliance, credentialing, fraud and abuse prevention, product liability and payment issues. These concerns arise on top of the numerous day-to-day and strategic issues that confront every company, whether domestic or multinational, publicly traded or privately held.

Healthcare Team Overview

To help our healthcare clients find successful resolutions to these challenges, McGuireWoods offers an experienced team of more than 60 industry-focused lawyers. Our healthcare group and many of our individual practitioners have been ranked by Chambers USA, Best Lawyers in America, Legal Elite and Super Lawyers as among the top legal providers in the nation. Supporting this dedicated team, we draw on the resources and experience of our full-service firm’s 900 lawyers and our fully owned public policy and government relations subsidiary, McGuireWoods Consulting.

Our team counsels clients in virtually every area of healthcare-related activity, including regulatory compliance, Food and Drug Administration (FDA) requirements, information technology and privacy concerns — including the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act — as well as reimbursement, certificates of need, and developments relating to healthcare reform. We help clients address traditional corporate concerns within the context of the healthcare marketplace, and provide advice on corporate organization and governance, strategic alliances and business transactions, private equity investments, debt finance, project finance, securities transactions, intellectual property protection and licensing, labor and employment, real estate, tax and other core concerns.

We represent clients from all sectors of the industry, including academic medical centers, ambulatory surgery centers, assisted-living and long-term care facilities, dialysis centers, hospitals and hospital systems, hospices, imaging facilities, clinical laboratories, nursing homes, management service organizations (MSOs), physician-hospital organizations (PHOs), pharmacies and specialty medical clinics, as well as medical staff organizations and medical, healthcare and related trade associations. We also advise manufacturers and sellers of drugs, biologicals and medical devices regulated by the U.S. Food and Drug Administration, and a range of financial institutions, including venture capital firms, commercial banks, specialty lenders, investment bankers and individual investors in healthcare-related transactions.

When disputes, investigations and law-enforcement actions arise, our healthcare litigation lawyers provide aggressive, intelligent defense of companies, executives, boards of directors and other key individuals in federal and state courts across the country. We regularly represent clients facing governmental investigations, product liability and mass tort claims, environmental and occupational safety complaints, and white-collar criminal matters.

CONTACTS

Scott Becker Partner T: +1 312 750 6016
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Healthcare provider at a women's prison

Representation of a healthcare provider at a women's prison in a putative class action on claim for declaratory/injunctive relief under § 1983 alleging a violation of the Eighth Amendment. Inmate plaintiffs allege that client failed to provide the inmates with a Constitutional level of medical care.
Representative Matter

Regional medical center

Representation of a regional medical center in obtaining a complete dismissal, with prejudice, of wrongful death and medical malpractice claims against the client and a number of its doctors. The claims, brought pro se by the decedent’s surviving children, alleged negligence in the provision of emergency and other care to their then-84-year-old mother. After a hearing the judge dismissed the claims as time-barred under the applicable two-year statute of limitations, for failure to designate an expert or otherwise comply with the pleading requirements of North Carolina Rule of Civil Procedure 9(j), and for failure to properly identify the estate of the deceased.
Representative Matter

Health system

Representation of a health system against the appeal of a long term employee to the NY State Appellate Division 3rd Department concerning the denial of unemployment benefits. Favorable settlement.
Representative Matter

Methadone clinic

Pro bono representation of a methadone clinic that had been essentially zoned out of the City of DuBois by a newly-enacted zoning ordinance. After a six-day federal trial, we invalidated the city zoning ordinance under the Equal Protection Clause of the United States Constitution, won a six-figure judgment, and obtained attorney’s fees for the clinic. However, the district court did not award the clinic its lost profits because it believed that the clinic could have mitigated its damages by locating where the city unconstitutionally zoned it. McGuireWoods appealed this determination to the U.S. Court of Appeals for the Third Circuit. The case was briefed and argued, and appeals court issued a 2-1 decision upholding the district court’s determination. McGuireWoods is considering filing a writ of certiorari to the U.S. Supreme Court.
Representative Matter

Telemedicine provider

Representation of a telemedicine provider in a qui tam case investigated by federal government based on alleged incorrect billing of services provided to Medicare patients.
Representative Matter

Healthcare services provider

Representation of a healthcare services provider in a putative class action on behalf of MRI technologists alleging claims for off-the-clock work, meal and rest break violations and incorrect payment of overtime compensation. After gutting plaintiff’s case through a summary judgment motion granted on the bulk of his claims, we negotiated a favorable pennies on the dollar settlement to resolve the remaining claims and bring closure to the legacy wage and hour compliance issues raised by the claims asserted.
Representative Matter

Borrower/issuer in an in-depth IRS examination

Represented the borrower/issuer in an in-depth IRS examination of an advance refunding bond issue that included close scrutiny of complex bond yield and escrow yield calculations, as well as other arbitrage matters. Resolved matter with no change to the tax-exempt status of the bonds.
Representative Matter

Equity/mezzanine sponsor

Represented an equity/mezzanine sponsor, in connection with the acquisition of a dental practice and an infusion of capital to fund additional practices.
Representative Matter

World-class university academic and healthcare system in North Carolina

Counseled a world-class university academic and healthcare system in North Carolina on policies and practices related to electronically stored information and discovery and managing and negotiating discovery in a high profile matter.
Representative Matter

Healthcare services provider

Successfully argued on appeal for our client. Fourth Circuit affirmed the dismissal of a RICO case filed against our client and upheld sanctions imposed on opposing party.
Representative Matter

Cancer treatment center

Representation of a cancer treatment center in opening its fifth hospital in the country. The project started approximately seven years ago when the legislature agreed to change the law to allow for a destination cancer hospital under the Certificate of Need statute. The team represented the hospital in the legislature, during the administrative approval process, in the acquisition of the site, licensing and all other aspects of the project.
Case Study

McGuireWoods, RHJ Medical Center prevail in lawsuit against City of Dubois, PA

McGuireWoods LLP represented RHJ Medical Center Inc. (RHJ) in obtaining a decision in federal court last Friday, ruling that the City of DuBois, PA unlawfully prevented RHJ from opening a much-needed methadone clinic in Clearfield County pursuant to an unconstitutional zoning ordinance.  more >>

Representative Matter

Regional private hospital

Represented a regional private hospital in Virginia in negotiating and drafting of design and construction-related contracts for replacement hospital and medical office facilities.
Representative Matter

North American food services company

Representation of a North American food services company in the acquisition of a healthcare laundry company (and private equity firm portfolio company).
Case Study

Raleigh litigation team secures defense verdict for OB-GYN

A 12-person jury in Cartaret County, N.C., returned a unanimous defense verdict after only 38 minutes of deliberation following an eight-day trial. This finally concluded litigation in a medical malpractice action that spanned seven years. The plaintiff, a physician herself, initially sued two OB-GYNs and their practice over surgical complications that led to additional surgeries and a 50-day extended hospital stay. After voluntarily dismissing during the first trial, the plaintiff changed counties, re-filed and proceeded to trial against the practice and the attending surgeon, both clients of the firm. The jury verdict, finding no negligence on the part of our clients, upheld the position throughout that these complications, though serious and rare, are a risk of the procedure.

Representative Matter

Defeated summary judgment in a civil antitrust lawsuit alleging illegal tying, bundling, and exclusive dealing

Representation of an ambulatory surgery center in civil litigation in which it alleged the defendant hospital used anticompetitive tying and bundling to secure an exclusive contract from the area's largest employer self-funded health plan.  The case settled after the antitrust claims survived the defendant hospital's motion for summary judgment.
Representative Matter

U.S.-based retirement community

Defending a US-based retirement community against claims of unfair dismissal and disability discrimination, following employee disciplinary proceedings and dismissal for bullying and harassment of colleagues.
Case Study

McGuireWoods secures jury verdict for academic medical center

McGuireWoods helped an academic medical center secure a defense verdict following a jury trial of claims relating to the alleged improper administration of the drug Phenergan which led to a patient's vasculitis, compartment syndrome and necrosis of an extremity. The litigation arose from treatment in the center's emergency department during which the plaintiff received three IV injections of the medication also known as Promethazine. The plaintiff claimed that in light of the know dangers of the medication – highlighted in the U.S. Supreme Court case Wyeth v Levin – the hospital should have employed heightened standards advocated by drug safety organizations in order to prevent such injuries.

Representative Matter

North American food services company

Represented a North American food services company in its merger with a privately held facilities management services company.  The company's ESOP, its largest shareholder, and its other shareholders approved the transaction for an acquisition price of $65 million plus earnout.
Case Study

McGuireWoods' Atlanta office assists client with certificate of need for home health

McGuireWoods recently assisted Duluth Medical Home Health with obtaining a Certificate of Need for a new home health agency dedicated to the Asian population. The State of Georgia recognized an exception under the general rules and criteria in granting the certificate.

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Theodore F Adams III Theodore F. Adams III
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1952
F: +1 804 775 1061
vCard
Brad Alexander Brad L. Alexander
Sr. VP and Director, Georgia Gov. Relations McGuireWoods Consulting LLC
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5811
F: +1 404 443 5682
vCard
Ashley Allen Ashley K. Allen
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1918
F: +1 804 775 1061
vCard
Lindsay Hansen Anderson Lindsay K. H. Anderson
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8134
F: +1 312 698 4501
vCard
Mark E Anderson Mark E. Anderson
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 919 755 6678
F: +1 919 755 6581
vCard
A. Carter Arey A. Carter Arey
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2241
F: +1 704 444 8818
vCard
Frank B Atkinson Frank B. Atkinson
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4376
F: +1 804 698 2226
vCard
Amber Barnes Amber S. Barnes
Asst. VP, State Government Relations McGuireWoods Consulting LLC
1301 Gervais Street
Suite 1050
Columbia, SC 29201

T: +1 803 251 2314
F: +1 803 251 2315
vCard
Jeff Barnhart Jeffrey L. Barnhart
Sr. VP, State Gov. Relations McGuireWoods Consulting LLC
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 836 4007
F: +1 919 836 4035
vCard
Evan Bayh Evan Bayh
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 828 2825
F: +1 202 828 3331
vCard
Scott Becker Scott Becker
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 6016
F: +1 312 920 6135
vCard
Sabrina A Beldner Sabrina A. Beldner
Senior Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 956 3419
F: +1 310 956 3119
vCard
Sarah A Belger Sarah A. Belger
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5350
F: +1 703 712 5299
vCard
Maurice A Bellan Maurice A. Bellan
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 2400
F: +1 202 828 2981
vCard
Samuel C Bernstein Samuel C. Bernstein
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8222
F: +1 312 698 4571
vCard
Tyler Bishop Tyler W. Bishop
Sr. VP, State Gov. Relations McGuireWoods Consulting LLC
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1916
F: +1 804 698 2266
vCard
Ginny Boland Ginny Boland
Asst. VP, Strategic Communications McGuireWoods Consulting LLC
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1907
F: +1 804 775 1061
vCard
Ginnie Bondurant S. Virginia Bondurant
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1414
F: +1 804 698 2192
vCard
Ryan Bonistalli Ryan E. Bonistalli
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1014
F: +1 804 698 2036
vCard
Mark T Bowles Mark T. Bowles
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1904
F: +1 804 698 2267
vCard
Patrick E Brady Patrick E. Brady
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8225
F: +1 312 920 3691
vCard
Todd Brewer Todd Brewer
Partner
JPMorgan Chase Tower
600 Travis Street
Suite 7500
Houston, TX 77002-2906

T: +1 832 255 6322
F: +1 832 214 9926
vCard
Jeff Britt Jeffrey M. Britt
VP, Grassroots Issue Management McGuireWoods Consulting LLC
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1936
F: +1 804 225 5407
vCard
Edwin E Brooks Edwin E. Brooks
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 3060
F: +1 312 920 3681
vCard
Christian Brose Christian Brose
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2315
F: +1 704 444 8871
vCard
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Event

6th Annual Medical Device and Life Sciences Conference

Tuesday, November 18, 2014
Chicago, IL
Event

10 Key Concepts and Recent Developments in False Claims Litigation

Wednesday, October 1, 2014
Complimentary Webinar
Speaking Engagement

NCSHCA 2014 Annual Meeting and Conference

What's New in Health Care Law and Regulation

Friday, September 19, 2014
Chapel Hill, NC
Event

9th Annual Healthcare Provider Conference

Healthcare Finance and Growth

September 18, 2014
Charlotte, NC
Speaking Engagement

The Sunshine Act and Its Impact on Life Sciences Startups

September 12, 2014
Event

Healthcare Litigation Conference

August 14, 2014
Raleigh, NC
Speaking Engagement

Private Equity Investment in Provider Healthcare

iGlobal Forum

June 11, 2014
New York, NY
Event

Healthcare Litigation Conference

May 29, 2014
Richmond, VA
Event

Key Issues Relating to the Enforceability of Non-Compete Agreements

April 29, 2014
Complimentary Webinar
Event

Healthcare Regulatory and Compliance Issues

Financial Relationships Between Healthcare Providers and Physicians

April 16, 2014
McGuireWoods LLP Audio Conference Series
Event

Healthcare Litigation Conference

April 8, 2014
Chicago, IL
Event

8 Key Trends in Healthcare False Claims and Antitrust Litigation

March 12, 2014
Complimentary Teleconference
Event

Healthcare Regulatory and Compliance Issues

Financial Relationships Between Healthcare Providers and Physicians

March 10, 2014
McGuireWoods LLP Audio Conference Series
Event

Healthcare Private Equity Update and Overview of 19 Niche Sectors

March 5, 2014
Complimentary Webinar
Event

The Final Regulations Under the ACA Employer Health Coverage Mandate

February 26, 2014
Complimentary Webinar
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Legal Alert

Circuit Courts Clash over Tax Subsidies for Health Insurance Purchased on Federally-Run Exchanges

McGuireWoods Healthcare Reform Guide: Installment No. 44

July 30, 2014
Legal Alert

EU Medical Device Rules Continue to Progress

FDA Life
May 27, 2014
Article

Counsel's Role in Evaluation and Negotitating D&O Insurance Coverage

Hospitals & Health Systems Rx
May 2014
Stephen David Allred, Kathleen H. Dooley, A Publication of the American Health Lawyers Association Hospitals and Health Systems Practice Group
Legal Alert

EU Medical Device Rules

New Rules Are Nearly There But Not Quite

FDA Life
May 15, 2014
Article

Expensive Mistakes

Preventing Technical Violations of the Stark Law

E-Briefings
May 2014
Holly Carnell, Anna M. Timmerman, The Governance Institute
Legal Alert

Key Changes in CMS’ New ESCO Rules

May 9, 2014
Legal Alert

All HIEs Are Not Created Equal

Privacy and Security Considerations Related to HIE Participation

May 6, 2014
Results 1-20 of 437