Health care organizations face increasing government scrutiny and private whistleblower activity, and frequent regulatory and policy changes—all of which pose greater financial and reputational costs than ever before. We offer unmatched guidance in navigating this complex legal environment to help our clients minimize risk while reaching their goals.
If an investigation or litigation is unavoidable, our health care defense team efficiently and effectively achieves the best possible result for our clients, so they can focus on what they do best—innovating and revolutionizing the health care industry.
We anticipate problems and proactively develop solutions.
We understand you have a business to run, and we can help by minimizing the distraction that comes with subpoenas, investigations and litigation. Our health care litigation, regulatory, compliance and transactional practitioners work together to address every aspect of a legal problem in a layered approach that includes leveraging our industry-leading experience, following trends and staying on top of ever-changing laws, rules and guidance.
Our unrivaled understanding of the business of operating hospitals, health systems, health care providers, life sciences and technology companies—down to the complicated reimbursement structure and rules, at both the federal and state level—is critical in a world where billing government payors is a source of constant scrutiny. And our skilled team works tirelessly to help clients on many fronts, including identifying and avoiding unnecessary risks, responding quickly and effectively in a crisis, efficiently defending any investigation or qui tam complaint, and negotiating the best possible outcomes with the government and private parties. We routinely handle matters under the False Claims Act, the Stark Law, the Anti-Kickback Statute, HIPAA, corporate governance, cybersecurity, pharmaceutical marketing and pricing, and disputes among payers and providers.
Made up of well-respected and nationally renowned lawyers across the United States and around the world, our team includes:
Several former Assistant United States Attorneys and health care fraud lawyers from the US Department of Justice
Former senior advisors, lawyers and professionals from the HHS Office of Inspector General and the Centers for Medicare and Medicaid Services
A best-in-class regulatory and compliance team that wrote a leading treatise on the Stark Law and includes nationally recognized authorities on the Anti-Kickback Statute and its safe harbor regulations
Transactional lawyers experienced in negotiating health care transactions involving complex regulatory and compliance issues
Our team’s robust experience helps us deliver optimal results in health care litigation and investigations, and provide the necessary compliance guidance to help clients operate smoothly and avoid running into new issues.
While McDermott is—and will continue to be—on the front lines of some of the largest and most important cases shaping the health care industry, our goal is to prevent problems from ever reaching the courtroom. Our clients come to us because they know they will get the best possible advice to minimize the likelihood of investigation or litigation. The comprehensive breadth and depth of our knowledge and experience enables us to spot issues before they become problems. Working as partners with our industry-leading health care regulatory and transactional lawyers, we help clients avoid investigations, litigations and crises. Yet, if litigation is unavoidable, our team of seasoned, first-chair trial lawyers is experienced in aggressively and effectively defending health care litigation.
As the only law firm to receive national Tier 1 rankings in health care from all of the industry’s top legal directories—Chambers USA, The Legal 500 USA and U.S. News – Best Lawyers—we’ve earned our reputation by leading the legal strategies on some of the most important cases in the health care industry and stand ready to help you take on yours.
Our team routinely wins for clients in their most high-stakes matters. Here are some of our recent results:
We persuaded the US Department of Justice (DOJ) to decline to bring charges after a two-year False Claims Act investigation of a medical device manufacturer. Because there was no whistleblower, the company was able to put the entire matter behind it.
We convinced the DOJ to decline to intervene in a False Claims Act case brought by a former employee alleging fraudulent billing for medical services that were part of clinical research. When the relator elected to proceed with the case in US district court, our team persuaded the court to dismiss the case.
We persuaded the government to decline to intervene in an False Claims Act action involving allegations against a specialty pharmaceutical company that develops, manufactures and markets generic and branded prescription and over-the-counter products.
We convinced the government to decline to intervene in an False Claims Act action against a health system alleging that physician financial relationships violated the Stark Law and Anti-Kickback Statute.
We defended a national health care provider against civil claims of a putative class of private health insurers arising from the provider’s $345 million settlement of Medicare fraud claims, successfully moving to compel arbitration and defeat a class certification motion, after which the plaintiff dismissed its claims.
We won a case against an aerospace and defense company in a whistleblower suit under the False Claims Act. The US Court of Appeals for the Seventh Circuit affirmed the district court’s finding that our client’s conduct did not give rise to False Claims Act liability.
We represented a regional health system in a qui tam case. The court excluded the relator’s expert after the Daubert hearing before trial, after which the case settled on terms favorable to our client.
We routinely negotiate favorable settlements for our clients in investigations and qui tam litigation, allowing them to revolve matters on a global basis, put their legal issues behind them and get back to business as usual.