Bradley J. Sayles's Legal Cases (4)

Health care

Tinal v. Norton

May 08, 2014

OUTCOME: Successfully, prevented discovery of protected peer review materials in wrongful termination matter

Successfully enforced the federal PSQIA's Patient Safety Work Product privilege in a wrongful termination suit brought under the Americans with Disabilities Act. Plaintiff requested numerous documents, ... including peer reviews and root cause analysis documentation. The court recognized the broad and absolute scope of the privilege. This decision was the first to apply the privilege outside of suits for medical malpractice. http://www.centerforpatientsafety.org/2014/06/10/new-federal-court-opinion-applies-psqia-protections-broadly/

Health care

Romine v. St. Joseph Health Sys., No. 12-6587 (6th Cir. Oct. 24, 2013)

Oct 24, 2013

OUTCOME: Sixth Circuit Dismissed in Hospital's Favor

The 6th Circuit found that the plaintiff failed to provide sufficient evidence of a causal relationship between the alleged EMTALA violation and his injury. Further, Plaintiff failed to provide evidenc ... e that the hospital acted with an “improper motive." The court also rejected the patient’s argument that CMS’ preliminary determination letter was binding in this case. http://www.ca6.uscourts.gov/opinions.pdf/13a0917n-06.pdf

Health care

United States ex rel. Daniel Purnell v. American Sleep Medicine LLC, no. 3:07-cv-12-S (Western District of Kentucky)

Dec 12, 2012

OUTCOME: False Claims Act Settlement

Worked with lead counsel on national False Claims Act matter: obtaining dismissal of separate action and negotiated desirable settlement that permitted the entity to continue operating and billing gov ... ernment health care programs.

Health care

Rains v. St. Joseph Healthcare, Inc., No. 2010-CA-001624-MR (Ky. Ct. App. Sept. 21, 2012)

Sep 21, 2012

OUTCOME: Ky. Court of Appeals Dismissed in Hospital's Favor

The Court of Appeals of Kentucky affirmed a trial court’s grant of summary judgment in favor of a hospital alleged to have been vicariously liable for the conduct of a physician under a theory of osten ... sible agency. http://opinions.kycourts.net/coa/2010-CA-001624.pdf

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