Buckner Wellford

More than 30 health care liability jury trials representing defendant physicians and hospitals.

Successfully represented a hospital and ambulatory surgery center in challenges brought by physicians subject to disciplinary action under peer review procedures.

Successfully defended a physician hospital organization against claims that it conspired to boycott a surgery center and two of its physician investors from the outpatient surgery market in the Memphis area in violation of the Sherman Act, as well as state law unfair competition and tortious interference claims in the United States District Court for the Eastern District of Arkansas.

Obtained summary judgment in favor of a hospital client in federal court action challenging a statistical extrapolation process used by Centers for Medicare & Medicaid Resources to wrongfully recoup substantial Medicare payments.

Obtained summary judgment, affirmed on appeal before United States Court of Appeals, Sixth Circuit, in declaratory judgment action seeking favorable interpretation for a client in a commercial lease dispute.

Obtained declaratory judgment for a commercial lessee distribution center in a dispute over the scope of a clause in the section of the lease governing "Additional Rent" in the United States District Court for the Northern District of West Virginia.

Represented a health care system in a receivership action involving the attempted "claw back" of charitable contributions under fraudulent conveyance state laws in the United States District Court for the Northern District of Texas.

Obtained a defense verdict for a publicly held waste collections and disposal company in a breach of contract and fraud claim involving failure to move forward with a Letter of Intent for acquisition.

Completed the successful resolution of civil investigative demands made to physicians by the Office of the Inspector General and the Department of Justice.

Represented a medical center in defending a recommendation made by its board of directors to apply a summary suspension of 31 days to the privileges of a physician who failed to meet his obligations as an on-call surgeon in an incident involving a patient presenting in the emergency room. The surgeon invoked his right to a "fair hearing" before a panel of three independent physicians. After presentation of evidence at the hearing, the panel unanimously upheld the board's recommendation and denied the physician's appeal.

Represented plaintiffs and defendant municipalities in the United States District Court for the Western District of Tennessee in federal civil rights litigation.

Obtained dismissal of a hospital client in a medical malpractice action based on failure to timely move for substitution of party after death of plaintiff; dismissal upheld by Tennessee Court of Appeals.

Obtained a dismissal of a putative class action lawsuit against a hospital client alleging state and federal law privacy and security violations arising from the criminal convictions of several former associates who shared patient personal identifying information after being treated for injuries following automobile accidents.