Experience
Anonymous Plaintiff v. Owners of Nursing Home
The Plaintff sued our client, the owner of a nursing home, for $100,000 for negligence related to a slip and fall. The claim was dismissed on summary judgment.
Fairmont General Hospital v. United Hospital Center
Mr. O'Neil and Ms. Bentz represented a hospital before the West Virginia Health Care Cost Review Authority, the Office of Judges, the Circuit Court of Marion County, and the West Virginia Supreme Court of Appeals in the successful prosecution of the hospital's application for a certificate of need to develop a $285,000,000 replacement hospital.
St. Elizabeth Medical Center / Dr. James C. Burt
Represented SEMC in nearly 50 lawsuits alleging injuries from Dr. Burt’s infamous “Love Surgery.” Plaintiffs alleged that SEMC was negligent in its credentialing of Dr. Burt and that it should not have allowed him to do the surgery. Defense verdict for SEMC obtained in the only case tried. Several summary judgments obtained in favor of SEMC. Three of these cases ultimately reached the Ohio Supreme Court.
Estate of Palmer Landram v. Suburban Medical Center, et al.
We obtained a jury verdict for the defense, which was affirmed on appeal, in a suit for hospital negligence in excess of $1,000,000.
Kathy Bergman v. State of Ohio Mental Health Workers, et. al.
Successfully argued for and obtained dismissal of medical malpractice lawsuit stemming from alleged physical, verbal, and mental abuse of psychiatric patient.
Bond Finance
Our firm represented the Monongalia County Building Commission in a $48,145,000.00 bond financing for construction projects, capital improvements, and refunding prior bonds for a regional hospital system.
Cable Television Company v. Owner of Nursing Home
A cable television company sued our client, the owner of a nursing home, for $500,000 for utilizing the cable company's interior wiring for the nursing home's own use. The parties settled after protracted litigation.
Health Care
I have provided representation with respect to collection efforts for a large hospital pertaining to patient services for various state agencies such as regional jails and the West Virginia Department of Health and Human Services. Through the initiation of collection suits and negotiations, we have collected in excess of $500,000 of unpaid charges for a large state-wide hospital group.
Bond Finance
Our firm represented the Monongalia County Building Commission in a $4,645,000 bond financing for construction projects, capital improvements, and refunding prior bonds for a nursing home.
Estate of Henry Persley v. Anonymous Physician and Samaritan Hospital
Our firm represented the Defendants, Samaritan Hospital and an employed physician, in a lawsuit seeking in excess of $2 million for medical malpractice. The case resulted in a jury verdict for the defense.
Thoracic and Cardiovascular Associates v. Charleston Area Medical Center and Charleston Area Medical Center v. Rashid
Mr. O'Neil and Ms. Bentz represented the state's largest hospital in state litigation brought by cardiovascular surgeons on the hospital's Medical Staff demanding $2,000 per day to provide on-call coverage to the hospital's trauma center and in related federal litigation brought by the hospital against the cardiovascular surgeons for alleged price fixing and an alleged concerted refusal to deal.
Mergers and Acquisitions - Health Care Industry
Represented clients in the health care industry with respect to mergers and acquisitions, including:
$27 million divestiture of 11 long term care nursing home facilities.
$4.7 million acquisition of competitor for home infusion and specialty care pharmacy provider.
$12 million acquisition of competitor for home infusion and specialty care pharmacy provider.
$4 million divestiture of pediatric private nursing duty business.
$6.4 million acquisition of competitor for home infusion and specialty care pharmacy provider.
$5.5 million acquisition of competitor for home infusion and specialty care pharmacy provider.
Claridge House, Inc. v. USDHHS, 795 F. Supp. 1393 (1991)
Filed a complaint for declaratory and injunctive relief against the United States Department of Health and Human Services on behalf of a nursing home. The federal government alleged the nursing home failed to meet Medicare/Medicaid certification criteria, and it wanted to terminate the nursing home’s participation in the federal payment programs. On behalf of the nursing home, I argued the federal law did not permit the termination. The court agreed with the argument, stating the federal regulations were beyond the scope of federal law, and stated that defendants were enjoined from terminating the nursing home from federal payment programs. This was first lawsuit challenging the validity of federal regulations filed in the United States.
Anonymous Plaintiff v. Anonymous Dentist
I represented a dentist and his practice in suit seeking $850,000 for dental malpractice. The case resulted in a $53,000 judgment, which failed to exceed the $60,000 offer of judgment made seven months prior to trial.
Kelly Comstock v. University of Louisville Hospital
We obtained a jury verdict for our client, a university-affiliated hospital, in a suit for hospital negligence.
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