Health Care Litigation

Katten’s Health Care Litigation Practice consists of experienced trial lawyers with comprehensive experience focusing on the health care industry who work collaboratively with seasoned attorneys in the firm’s corporate and regulatory Health Care Practice. We have successfully represented hospitals, health care systems, HMOs, managed care organizations, pharmaceutical companies, medical equipment and device manufacturers, and ancillary health care companies in civil and criminal matters and investigations throughout the country.

Attorneys in our Health Care Litigation Practice have advocated for our health care clients in a wide array of matters, ranging from False Claims Act claims and state and federal agency investigations to intellectual property litigation and alternative dispute resolution. We have broad experience in the following areas:

Regulatory Compliance/White Collar Crime

We have several former federal prosecutors in our Health Care Litigation Practice who, along with those in our Health Care Practice, have represented health care clients in federal and state anti-kickback laws, False Claims Act, IRS, antitrust, HIPAA, EMTALA, accreditation and CMS audits, investigations and proceedings—including qui tam actions. We also have wide experience representing health care institutions and individuals in internal, administrative, state and federal investigations and providing anti-fraud counseling for providers and insurance companies.

Intellectual Property

Our Health Care Litigation Practice includes intellectual property litigators who have experience in trademark and patent infringement matters for health care and other industry-related companies. Our IP litigators have particular strengths in representing pharmaceutical companies in patent infringement cases.

Medicare/Medicaid Reimbursement Litigation

We have litigated high-profile Medicare and Medicaid reimbursement matters on behalf of health care providers and provider associations for more than 30 years. Our clients have recovered in excess of $1 billion through federal and state administrative appeals, as well as in state and local court proceedings, involving complex issues of rate-making, coverage, eligibility, billing and audits. We have defended against a variety of threatened reimbursement recoupments and penalties with projected impacts of hundreds of millions of dollars. We also have successfully opposed administrative and statutory provisions—at both the state and national levels—that would otherwise have resulted in severe fiscal impacts. Our involvement in such matters often leads to a negotiated settlement.

Employment/Medical Staff Disputes

We have actively defended hospital and medical staff clients accused of wrongfully terminating, suspending or denying a physician’s medical staff privileges. In addition, we have been successful in defending hospitals in exclusive contract and employment matters and other suits involving claims such as breach of contract, tortious interference, defamation, discrimination and antitrust, and have been responsible for many important “peer review” federal and state court decisions.

Alternative Dispute Resolution

At Katten we believe in the benefits to our clients associated with the expedited nature and reduced costs of alternative dispute resolution—our lawyers have broad experience with the entire range of alternative dispute resolution options, including mediation and arbitration. We have represented clients before different alternative dispute bodies, including the American Arbitration Association and JAMS.

Class Action Litigation

Katten has been extremely successful in defending against state and federal class action lawsuits nationwide, including dismissing class action complaints, defeating class certifications, winning summary judgment motions and defeating class action trials on a broad range of suits, including antitrust, health care, product liability and consumer fraud. Recently, we successfully represented an academic medical center in Chicago in dismissing a class certification attempt in an antitrust wage fixing case brought by area nurses.

Employee Benefits and Compensation

The Health Care Litigation Practice is active in ongoing counseling and representation of businesses, including hospitals, with respect to all types of ERISA and employee benefits issues in state, federal and administrative proceedings, including the full spectrum of tort contract and statutory litigation, prosecution and defense of coverage disputes, fiduciary matters, plan formation and related funding matters.

Labor and Employment

Katten represents management in all aspects of labor, human resources and employment law for hospitals and Fortune 100 companies. Our defense experience includes the areas of Title VII, the Americans with Disabilities Act, age, sex, race and religious discrimination, wrongful termination, retaliatory discharge, decertification proceedings and unfair labor charges.