Denver, CO
Health care Lawyer at Denver, CO
Practice Areas: Health Care, Litigation, White Collar Crime
OUTCOME: Obtained Medicare stay for leg. aliens
Brought class action on behalf of all legal aliens in the State of Colorado in U.S. District Court and the 10th Circuit Court of Appeals. Obtained procedural stay of removal from Medicaid until legisla ... ture repealed exclusion statute.
OUTCOME: Defended Recruitment payment obligation
Defended physician who was sued for failure to honor her recruitment repayment obligation when she left Idaho. Brought cross claim against administrator. Case was settled by voluntary dismissal of case ... .
OUTCOME: Reinstated health services nuclear workers
Class action brought on behalf of seriously ill former nuclear workers to restore health care benefits taken from them by the Department of Labor under the OICCPA. Case settled after court refused to ... dismiss when benefits restored to individual patients.
OUTCOME: Lost control of genetic data base
Dr. Catalona, a famed urologic oncologist claimed right to control genetic material and data base developed from his patients at Wash. Univ. Med. School based upon the wishes of his patients. School c ... laimed it owned the genetic material despite the wishes of the patients. Federal Judge Limbough sided with the school.
OUTCOME: Settlement and reinstatement as DME provider
State of Nebraska excluded plaintiff as DME provider under Medicaid because was an out of state vendor. Suit claimed violation of Commerce Clause of the Constitution. Nebraska agreed to reinstatement ... .
OUTCOME: Dismissal in trial court. Settlement on appeal
Exclusive Health Care owned by Mutual of Omaha sold HMO to Pacificare. Pacificare sued claiming breach of contract of sale, fraud and failure to reimburse Pacificare for cost overruns. After appeal by ... Pacificare to the 10th Circuit, the case settled.
OUTCOME: Neb. S. Ct. affirmed dismissal.
Trial court dismissed medical malpractice case based upon prior attorney's failure to obtain medical opinion as to liability. Nebraska Supreme Court held that failure of surgeons to follow instruction ... s on stomach constriction device was not sufficient to establish liability.
OUTCOME: Dismissal affirmed
Challenge to exclusion of DME supplier because it was out of state under provisions of the Commerce Clause of the US. Constitution. State of New York regulations favors local providers of Medicaid se ... rvices. State courts refused to acknowledge state bias and offense to the commerce clause in State regulations.
OUTCOME: Settled
Defense of Class action brought by cable tv customers under the Colorado Unfair Trade Practices Act. Case dismissed by the trial court, affirmed by the Colorado Court of appeals and reversed by Colora ... do Supreme Court in split decision.
OUTCOME: Civil Rights Claim Dismissed.
Dr. Couch, who survived intense effort by medical staff to dismiss him claimed dismissal effort based on his advocacy of mandatory drug and alcohol testing for physicians. Case dismissed on summary ju ... dgment by trial court and affirmed by court of appeals on the basis of failure to show sufficient evidence of motivation.
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