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Experience
Litigation
S.A. and P.B. v. University of Washington
Superior Court for the State of Washington, King County
Lead counsel for the University of Washington in putative class action arising from an alleged data breach involving the personal information and protected health information of approximately one million patients of UW Medicine. Plaintiffs asserted multiple statutory and common law claims, including for violation of Washington’s Breach Notice Statute, Uniform Health-Care Information Act, AIDS Omnibus Act, and Release of Records for Research Act, as well as for negligence, breach of fiduciary duty, breach of express and implied contract, and unjust enrichment. Perkins Coie achieved dismissal of all claims with statutory damages at the pleadings stage, then twice defeated class certification, after which plaintiffs dismissed all remaining claims with prejudice.
Alaska Spine Center, LLC v. Mat-Su Valley Medical Center, LLC, et al.
Supreme Court of Alaska
The Alaska Supreme Court unanimously upheld summary judgment in favor of our ambulatory surgery center client in its challenge to the State of Alaska’s grant of an exemption to Alaska certificate-of-need laws to an Anchorage-based surgical facility that sought to relocate from Anchorage to Wasilla. (2019 WL 1416034.)
United States ex Rel. Dunlap v. Alaska Radiology Associates, et al.
U.S. District Court for the District of Alaska
Represented health system in False Claims Act litigation related to provision of radiology services. Obtained dismissal of case with prejudice. (3:14-cv-00143-TMB)
Amos v. Oregon Health & Science University
Circuit Court of Oregon, Multnomah County
Successfully defended academic medical center in putative class action involving hospital charges to uninsured patients.
Community Health Plan of Washington, et al. v. Washington State Health Care Authority, et al.
Superior Court of Washington, Thurston County
Represented managed care organization in Medicaid reimbursement litigation regarding allocation of Affordable Care Act expansion population among contracted Medicaid plans. After winning summary judgment, recovered $10.35 million for CHPW. Also successfully defended CHPW against a $20 million contract claim asserted by HCA in related administrative adjudication proceeding.
Kassner MD v. Kadlec Regional Medical Center, et al.*
U.S. District Court for the Eastern District of Washington
Represented health system in defense of antitrust claim in radiology and diagnostic imaging markets. Obtained dismissal of case. (2012 WL 523675, 2012-1 Trade Cases P 77,841)
United States ex rel. Grayson v. Genoa Healthcare, et al.*
U.S. District Court for the Western District of Washington
Represented nationwide pharmacy provider in False Claims Act litigation relating to, among other things, alleged routine waiver of copayments. Obtained dismissal of case. (2011 WL 2670079)
United States ex rel. Law Project for Psychiatric Rights v. Matsutani*
U.S. District Court for the District of Alaska, U.S. Court of Appeals for the Ninth Circuit
Represented health system and pediatric psychiatrist in False Claims Act litigation related to Medicaid payment for psychiatric medications prescribed off-label to minors. Obtained early dismissal of case with prejudice. (No. 3:09-cv-0080-TMB; 2011 WL 5056363)
United States ex rel. Zemplenyi v. Group Health Cooperative, et al.
U.S. District Court for the Western District of Washington
Defended health maintenance organization and associated providers in False Claims Act litigation and obtained government declination of intervention, early dismissal of False Claims Act and other allegations and summary judgment relative to whistleblower retaliation allegations.
Perry v. Rado, et al.*
U.S. District Court for the Eastern District of Washington, U.S. Court of Appeals for the Ninth Circuit, State Court of Appeals of Washington
Represented hospital and physician defendants in hospital peer review antitrust action by obstetrician. Obtained dismissal of the federal Complaint and obtained defense summary judgment and award of substantial attorney fees. (504 F. Supp. 2d 1043 (E.D. Wash. 2007); 343 Fed. App'x. 240 (9th Cir. 2009)
U.S. v. The Baylor Medical Center, et al.*
U.S. Court of Appeals for the Second Circuit
Represented four hospital defendants in False Claims Act litigation related to investigational cardiac procedures billed to Medicare. Defendants obtained a dismissal of the United States’ Complaint due to statute of limitations issues. (469 F.3d 263)
U.S. ex rel. McDowell v. Providence Health System*
U.S. District Court for the District of Oregon
Represented the defendant hospital system in False Claims Act litigation arising from alleged home health care fraud. Obtained a dismissal of False Claims Act allegations before trial. (CV. 03-1368 BR)
U.S. ex rel. Erickson v. University of Washington Physicians, et al.*
U.S. District Court for the Western District of Washington
Represented University faculty practice plan in False Claims Act litigation related to teaching physician billing to Medicare and Medicaid. Matter settled before trial. (C99-1261R)
Yarger v. Yakima Surgical Associates, et al.*
U.S. District Court for the Eastern District of Washington
Represented a defendant hospital in antitrust litigation relating to alleged conspiracy to monopolize general surgery market. Matter settled with nominal contribution by hospital. (CY-03-3018-WFN)
U.S. ex rel. Harrington v. Sisters of Providence Health System*
U.S. District Court for the District of Oregon
Represented the Defendants in False Claims Act lawsuit alleging fraud in partial hospitalization psychiatric service. Initial complaint dismissed by District Court, and case subsequently dismissed on jurisdictional grounds. (209 F. Supp. 2d 1085)
U.S. ex rel. Aflatooni v. Kitsap Physicians Services, et al.*
U.S. Court of Appeals for the Ninth Circuit
Represented Defendant physician group in False Claims Act litigation alleging pathology service fraud. District Court dismissal of Complaint on jurisdictional ground initially reversed by appellate court. Defendants later won summary judgment dismissal of the case, which was affirmed by Ninth Circuit. (163 F.3d 516)
U.S. ex rel. Palchikovskiy v. Oregon Health Sciences University, et al.*
U.S. Court of Appeals for the Ninth Circuit
Represented the Defendants in a False Claims Act lawsuit alleging fraud in University foreign translation services. Summary judgment dismissal of case affirmed. (2001 U.S. App. Lexis 16545)
U.S. ex rel. Schreiner v. Harborview Medical Center, University of Washington, Providence Medical Center, Children’s Hospital and Airlift Northwest*
U.S. District Court for the Western District of Washington
Defended clients in False Claims Act litigation alleging Medicare hospital cost report fraud related to air ambulance service. Court dismissed Complaint under public disclosure bar.
U. S. ex rel. Latham v. Brim Healthcare, et al.*
U.S. District Court for the District of Montana
Represented Defendant health care system and hospital in False Claims Act litigation alleging medically unnecessary services and falsification of documentation. Complaint against Defendants dismissed by Court. (CV 96-008 BLG JDS)
Oda v. University of Washington*
State Court of Appeals of Washington
Represented Defendant University in defeating class certification in faculty discrimination case related to compensation and promotion. (111 Wn. App. 79, 44 P.3d 8)
Caritas Services v. Washington Department of Social and Health Services*
Represented Plaintiff skilled nursing facility in judicial review of Medicaid cost report appeal. Washington Supreme Court upheld award to skilled nursing facility and invalidated as unconstitutional statutes and regulations that purported to retroactively clarify payment scheme. (123 Wash. 2d 391; 869 P.2d 28)
* Prior Experience
