Health Care

Overview

Challenge accompanies opportunity in today’s regulated health care industry. Clients turn to us for value-conscious solutions that keep their focus on health care while we target the legal obstacles that stand between them and their business objectives.

We represent clients across the broad landscape of health care, all of whom seek business-minded counsel to understand both the opportunities and challenges of the industry. Our attorneys find ways to position you for financial and operational success, regardless of your health care area of service:

Ambulance services,
Billing companies,
Care management companies,
Collection companies,
Dentists,
Diagnostic centers,
Equipment suppliers and manufacturers,
Hospitals,
Insurers,
Laboratories,
Medical practices of all sizes and specialties,
Nursing homes,
Pharmaceutical companies,
Pharmacies,
Security companies,
Sleep centers and other clinics,
Software companies,
Surgery centers,
Urgent care facilities, and
Wellness providers.

If your business involves any aspect of health care, we have experience dealing with the regulatory, transactional, compliance, litigation, technology, employment and other legal elements of your business issues to guide you toward your business goal quickly and with an eye on value.

Our lawyers have served in government and in the C-suites of national and international health care companies. This hands-on experience is the highest value our firm brings to you. Our team includes: the former outside general counsel for one of Atlanta’s largest hospitals, the former general counsel for a health care services company and a publicly traded health care software company, the former in-house counsel for a publicly traded medical billing and software technology company, and an attorney who has worked with a state hospital association and other industry groups, just to name a few. Our team is also recognized nationally by providers, device manufacturers and medical equipment suppliers in chronic disease health fields such as pulmonary disease and sleep apnea. Our attorneys have decades of experience in health care transactions while here at Taylor English, at nationally recognized health care companies or at some of America’s biggest law firms.

Experience

Advise covered entities on business associate agreements to manage risk.
Data disposal following sale of healthcare practices
Advice on data disposal following sale/wind-down of healthcare practices
Successful defense of patent case involving claimed method to detect autism
Led defense of patent infringement case involving claimed method to detect autism by analyzing bodily fluids. After we filed two motions for summary judgment, the parties reached a confidential settlement. Great Plains Laboratory, Inc. v. Metametrix Clinical Laboratory
Defense of patent infringement claims involving medical device technology
Handled two cases for separate defendants, Ascendx Spine and Sintea Plustek, LLC, in the District of Delaware. Both cases were brought by Orthophoenix, LLC, a non-practicing entity, and involved claims of infringement of certain patents involving medical device technology. The parties in both cases reached confidential settlements. Orthophoenix, LLC v. Ascendx Spine; Orthophoenix, LLC v. Sintea Plustek.
Pre-trial resolution of discrimination litigation
Achieved favorable confidential settlement at mediation on behalf of healthcare provider resolving litigation concerning race and national origin discrimination and retaliation claims in the Northern District of Georgia.
Williams v. Kids Avenue Pediatrics
Premises liability case against pediatrics practice involving allegations of magazine racks falling and causing neurological damage on 17-year-old boy. Following a week-long trial, jury delivered a defense verdict in 19 minutes.
Arrow Exterminators, Inc. v. TIG Insurance Company
Case brought on behalf of against insurance company for failure to apply proper “trigger of coverage” for amounts of available coverage, which, before suit, had severely and adversely affected insurance coverage available. In a case of first impression, summary judgment granted on behalf of Arrow, finding “continuous trigger” was in effect, thereby impacting insurance coverage from 1984–2009.
Cumming Orthopedics, v. Whirlpool Corporation
Fire loss, allegedly caused by washing machine which caught on fire after hours, resulting in substantial damage to a large orthopedics practice. Matter settled for confidential amount, covering entire loss.
Health care provider's bid protest of Georgia's Health Benefit Plan
Represented a large health care provider in a bid protest of the Georgia State Health Benefit Plan.
Multiple suits defending or seeking to void non-compete agreements
Licensure of medical laboratory management program
Represented the developer of efficiency-management programs in the nationwide licensure of its proprietary software to a Fortune 500 owner of medical laboratories.
Breach of contract claim defense with award of attorney’s fees in client’s favor
Obtained summary judgment for employer in defense of claims for breach of contract, fraud, negligence, intentional infliction of emotional distress, civil RICO, and punitive damages. As a result of seeking judgment before trial was even made necessary, client was able to secure a victory, forego the expense of trial, and even obtain its attorney’s fees based on the factually lacking allegations asserted.
Client awarded over $100,000 in attorney's fees defending emotional distress claim
Successfully moved for summary judgment in favor of employer against disgruntled ex-employee for claims related to intentional infliction of emotional distress. By aggressively defending claim, and refusing to be held hostage to the claims asserted, client was able to obtain victory before trial was made necessary and was awarded more than $100,000 in attorney’s fees in so doing.
Assisted medical technology company in private placement of securities.
Also assisted the medical technology company in sale to a venture capital firm.