Healthcare and Long-Term Care – Representative Matters

Attorneys in This Practice Area
Related Practice Groups

For more information about our firm’s Healthcare and Long-Term Care practice, please contact:

Mary-Jo Rebelo
Patrick L. Mechas, Esquire
Co-Chair
412-995-3114
plmechas@burnswhite.com
William J. Mundy
William J. Mundy, Esquire
Co-Chair
484-567-5720
wjmundy@burnswhite.com
  • Secured the dismissal of a corporate negligence claim in a medical malpractice action involving a specialty practice group in Lackawanna County.  After extensively briefing the argument that a specialty practice group does not play a central role in the delivery of total health care to patients, nor should it be bound by the corporate negligence standards as set forth in Thompson v. Nason Hospital, Plaintiff’s corporate liability claim was subsequently withdrawn.
  • Secured a defense verdict for a healthcare system alleged to have cooperated with physicians to promote profits related to the placement of cardiac stents. The case was complicated by the fact that the physicians separately sued the health system alleging defamation. This was the bellwether case for 140 lawsuits, all based on placement of cardiac stents. Subsequent to the verdict for the defendants, many of the cases settled for very nominal confidential amounts. The case has been successfully defended on appeal in the Pennsylvania Superior Court.
  • Secured a defense verdict in a civil action initiated against a psychiatric nurse where Plaintiff alleged that the psychiatric nurse negligently failed to properly monitor Plaintiff’s symptoms and her condition after the discontinuance and/or adjustment of medications that were necessary and required for treatment of her psychiatric disorder
  • Successfully defended the first Pennsylvania action brought by a nationally-renowned plaintiffs’ firm against a skilled nursing facility alleging substandard care
  • Obtained medical malpractice defense verdict for a physician accused of failing to diagnose pancreatic cancer
  • Handled a two-week medical malpractice trial alleging a failure to diagnose compartment syndrome resulting in a double leg amputation in a 20-year old woman. After two weeks, a mistrial resulted because of a hung jury (9 for the defense, 3 for the plaintiff). The case subsequently settled with the co-defendants paying a nominal but confidential amount. No payment was made on behalf of the firm’s client, a hospital.
  • Secured a favorable settlement on behalf of a skilled nursing facility after successfully securing a transfer of survival action claims to arbitration pursuant to a signed Arbitration Agreement and a stay of the wrongful death trial pending in Federal Court until completion of the arbitration
  • Obtained a dismissal of a large regional medical center pursuant to a Motion for Summary Judgment. Plaintiff claimed vicarious liability and corporate negligence against the medical center related to the prescription, oversight, and monitoring of blood thinning medication that allegedly resulted in the Plaintiff requiring an emergency craniotomy due to a brain hemorrhage. Attorneys filed a Motion for Summary Judgment on behalf of the medical center arguing that Plaintiff’s proffered expert reports lacked the required expert opinions to establish professional negligence in a malpractice action in Pennsylvania on either Plaintiff’s vicarious or corporate theories. This motion was opposed by Plaintiff. After oral argument, the Court ruled to grant summary judgment, dismissing Plaintiff’s case against the medical center entirely.
  • Successful representation in recent binding arbitration in which the arbitrator found in favor of a nursing home where the plaintiff alleged failure to provide appropriate care and treatment following a radical surgery for cancer. The arbitrator found negligence against the nursing home, but no proximate cause.
  • Obtained a defense verdict in favor of a dentist who was sued by a young patient after a needle used to administer an anesthetic broke off and became lodged in her mouth, later migrating to her throat. After unsuccessfully attempting to retrieve the needle, the dentist immediately referred the patient to an oral surgeon who performed minor surgery on the patient but also was unable to retrieve the needle. After being hospitalized later for swelling and an infection, an ENT surgeon successfully removed the fractured needle. The plaintiff claimed that the dentist improperly attempted to retrieve the needle and failed to promptly refer the patient to a surgeon. Defendant successfully argued that the patient unexpectedly flailed her arms during the injection causing the needle to fracture, that the dentist’s attempts to retrieve the needle were appropriate and that the dentist made a timely referral to an oral surgeon.
  • Obtained a favorable appellate court ruling in a lengthy suit against a long-term care nursing facility owner and one of its facilities. Plaintiff-resident, now deceased, alleged negligent care by the facility. The trial court granted defendant’s summary judgment motion and dismissed the case since the defendant did not provide any services to the plaintiff-resident. The case, however, proceeded to trial, and the jury rendered a verdict in favor of the facility. The appellate court denied plaintiff’s post trial motions and affirmed the trial court’s defense verdict.
  • Represented a major suburban Philadelphia hospital in multiple jury trials, one of which involved a physician prescribing an off-label use of a medication. The plaintiff alleged the medication was contraindicated and that it led to complications including irreversible heart damage. The jury returned a defense verdict finding that the actions of the hospital were appropriate and that the off-label use was common and accepted and within the standard of care.
  • Successfully represented a hospital where the plaintiff alleged that the physical therapy provided by our client was negligently performed and caused further damage to her knee. The jury returned a defense verdict, finding the care and treatment were appropriate and that the plaintiff was contributory negligent for failing to follow instructions.
  • Successfully represented a physician in a claim that he negligently failed to recognize complications during childbirth resulting in permanent brain damage to the child. The jury returned a defense verdict finding that care and treatment were appropriate.
  • Successfully represented a physician in a claim that his delay in performing a caesarean section resulted in permanent brain damage. The jury returned a defense verdict, finding that the physician performed the c-section as soon as the child began to shows signs of fetal distress.
  • Successfully represented two physicians and their corporate practice in a claim involving failure to timely diagnose and treat gout resulting in the permanent loss of a foot. The jury entered a defense verdict, finding that the defendants rendered proper care and treatment and that the plaintiff failed to follow treatment recommendations.
  • Received a favorable verdict in a nursing home case brought by a nationally known plaintiffs’ nursing home law firm. The plaintiff, a long-term care resident, alleged negligent care and treatment provided by the facility. The jury returned a defense verdict, finding that the facility was not negligent in its treatment of the resident.
  • Obtained a defense verdict in favor of a rehabilitation hospital in a case alleging the facility failed to provide appropriate assistance during physical therapy. Patient was admitted for comprehensive rehabilitation following bilateral knee arthroplasties. During physical therapy, the patient collapsed, suffering dehiscences and bilateral incisions. Following bilateral wound reclosure, patient underwent bilateral above-the-knee amputations due to coagulase negative staphylococcus infections.
  • Obtained a defense verdict in favor of a rehabilitation hospital, in which plaintiff, the heirs of an elderly patient, alleged negligence for failure to restrain and/or properly supervise her. The patient was admitted to the facility following an inpatient admission at an acute care hospital for a stroke. The patient fell, sustaining head trauma and a second stroke, and died.
  • Obtained a unanimous civil jury defense verdict in favor of a rehabilitation hospital, in which the heirs of a former patient alleged negligence for failing to properly monitor and/or restrain the patient. The patient, a stroke victim, sustained a fall at the defendant’s facility, resulting in a subdural hematoma that required surgical evacuation. The plaintiff purported that the injuries sustained dictated that anticoagulation medication could no longer be administered, resulting in a second stroke and death within months of the occurrence at issue. Defendant successfully argued that, prior to the incident, the patient did not display signs of impulsivity or inclination to get up unassisted and, therefore, restraints were not warranted and/or appropriate.
  • Received a victory in a nursing home case involving the plaintiff, a 78-year-old woman with a history of dementia, who alleged improper care and treatment resulting in falls, a urinary tract infection, medication errors as well as failure to be transferred to a secured dementia unit. The plaintiff was represented by a nationally known plaintiffs’ law firm. The jury returned a verdict for the defendant and found that the plaintiff had been properly assessed during the entire length of her residency, and that she received proper treatment and supervision.
  • Successfully obtained a defense verdict in Montgomery County for a professional liability corporation in a matter where the plaintiff alleged defamation, as well as outrageous and reckless conduct that allegedly warranted punitive damages. The court found in favor of the defense and dismissed the plaintiff’s claims outright.
  • Represented community leaders in acquiring governance of a local hospital from a national healthcare system.
  • Negotiated and closed various hospital, nursing home, assisted living and home health agency merger, asset sale and affiliation transactions.
  • Structured and closed physician practice sales and buy-out transactions.
  • Resolved Medicare, Medicaid and private insurance overpayment, False Claims Act and fraud disputes.
  • Negotiated third-party payor contracts for hospitals and other providers.
  • Represented hospitals, nursing homes, and home health agencies in reimbursement appeals.