Experience

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.

Medical Malpractice Defense Litigation

The cases involving our client, a large regional pediatric medical center and its employees and employed physicians, have ranged from simple personal injury claims to allegations of catastrophic injury and death. All cases were fully litigated and either dismissed, settled or tried. Dinsmore & Shohl has developed special skill in the handling of pediatric medical negligence claims, including analysis of complex pediatric medical issues, and development of and relationship with numerous experts nationwide.

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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