Avoided litigation: EMTALA — I represented a hospital threatened with significant EMTALA regulatory penalties, arising out of a mishap involving a hospital-owned ambulance. As a result of the negotiations, no penalties were asserted against the hospital.
Dialysis Joint Ventures — I have represented physicians in several joint ventures with large dialysis companies, in which the physician groups and dialysis companies establish and jointly operate multiple dialysis facilities.
Cyberknife — I successfully represented a consortium of physicians in joint venture negotiations with a hospital system. The purpose of the joint venture was to acquire and operate a highly sophisticated medical device (cyberknife) used in eradicating cancerous tumors throughout the body.
FTC v. Butterworth Hospital — I was part of a larger team (led by Bill Kopit of Epstein Becker & Green) in the litigation brought by the Federal Trade Commission to contest the merger of two hospitals in Grand Rapids, Michigan. This high-profile case was important not just because the hospitals prevailed (and merged), but also because the court accepted a unique arrangement governing the post-litigation conduct of the merged entity. The merging hospitals agreed to several post-merger commitments, and presented those commitments to the court. The court cited those commitments as a basis for denying the injunction sought by the FTC.
Sale of Hospital — I represented a community hospital that aligned itself with a larger nearby hospital system. My client hospital received binding pledges for significant future health care services for its community.