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Stuart O’Neal and Daniel Cutler receive a dismissal with prejudice for a hospital parent company in a claim brought under the federal Anti-Kickback Statute and False Claims Act

Member Stuart T. O’Neal, III and Associate Daniel A. Cutler obtained a dismissal in the United States District Court for the Eastern District of Pennsylvania for a parent company of a co-defendant hospital facing alleged violations of the federal Anti-Kickback Statute and False Claims Act. The plaintiff, who was a physician, entered into two successive on-call agreements with the hospital, where he was paid for the days he worked as the on-call physician. The first contract was terminated after it was learned that the plaintiff had a financial stake in a competing healthcare provider. The plaintiff later entered into a second on-call agreement when the hospital was under new management which permitted him to retain his financial stake in the competing provider. However, he subsequently violated a non-compete clause in that agreement which led to the termination of the contract. After meeting with his attorney, the plaintiff alleged that he realized that both on-call agreements were executed solely to coerce Medicare patient referrals violating the federal Anti-Kickback Statute and the False Claims Act.

Both defendants argued that the plaintiff’s complaint failed to provide a claim in either agreements’ termination provisions that violated the federal statutes. U.S. District Judge Norma L. Shapiro ultimately agreed, dismissing the plaintiff’s complaint for both defendants, with prejudice.

Note: The results obtained in a particular case are heavily dependent on the facts and the law specific to that case.

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Two Burns White attorneys named to 2015 New Jersey Rising Stars list

CHERRY HILL, N.J., March 13, 2015 — Burns White Associates Ahsan A. Jafry and Brian D. Pagano of the Cherry Hill office were named to the Rising Stars list in the 2015 edition of New Jersey Super Lawyers.

Mr. Jafry, who has been selected by his peers for the New Jersey Rising Stars list since 2012, defends physicians, nurses, dentists, hospitals, nursing homes, assisted living facilities and other medical providers in medical malpractice matters. In addition, he currently serves on the New Jersey Supreme Court’s Committee on Model Civil Jury Charges and teaches trial advocacy at Rutgers School of Law – Camden. Mr. Jafry graduated from Temple University James E. Beasley School of Law.

A Rising Stars list maker since 2014, Mr. Pagano focuses his litigation practice on long-term care and medical and nursing home malpractice defense. Prior to joining Burns White, he practiced in the areas of professional liability and healthcare litigation, municipal and public entity litigation and employment litigation. Mr. Pagano also served in the United States Army and the New Jersey National Guard. He received his J.D. from Rutgers University.

Rising Stars is an annual rating service of the Thomson Reuters, Legal division. To be eligible for list inclusion, a candidate must be either 40 years old or younger, or in practice for 10 years or less. The selection process for Rising Stars consists of a statewide survey of lawyers in more than 70 practice areas, independent research to identify outstanding lawyers, evaluation of candidates based on 12 indicators of peer recognition, a panel review by practice area and a discipline check of each candidate. No more than 2.5% of lawyers statewide are named to Rising Stars.

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T.H. Lyda and Stephen Hall secure a favorable verdict for railroad clients in FELA claim

Member and Co-Chair of the Transportation Group T.H. Lyda and Member  obtained a favorable verdict for two major railroad clients in a week-long jury trial in the Court of Common Pleas of Philadelphia County. The claim, brought under the Federal Employers Liability Act (FELA), involved a carman railroad worker from Niagra Falls, NY. The worker claimed that our clients’ negligence was the cause of his osteoarthritis of the hips, knees and lumbar spine which led to bilateral knee replacements and a left hip replacement surgery, as well as a significant six figure wage loss. The jury found the plaintiff to be 60% at fault, and awarded him modest damages that were far less than his boarded economic loss and a third less of his final demand.

This verdict marks the fifth straight favorable verdict that the Transportation Group has obtained for railroad clients in the last 14 months.

Note: The results obtained in a particular case are heavily dependent on the facts and the law specific to that case.

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Stuart O’Neal and Christian Francis successfully resolve a defamation case for a corporate executive outside of court

Member Stuart T. O’Neal, III and Associate Christian W. Francis successfully resolved a defamation case for a high-level corporate executive, estopping several national and international companies from defaming his reputation. The alleged defamation was internet-based and implicated the Communications Decency Act of 1996 and the Stored Communications Act. In addition, the actions of the offending companies were also threatening to interfere with present and prospective contractual relations of the executive client and his company. Mr. O’Neal and Mr. Francis resolved the matter outside of court, saving the client a significant amount of time and money from what would have been a very long, complex and costly Federal trial, while still achieving all of his goals.

Note: The results obtained in a particular case are heavily dependent on the facts and the law specific to that case.

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NAMSAP elects Ciara Koba to its Board of Directors

The National Alliance of Medicare Set-Aside Professionals (NAMSAP) recently elected Ciara F. Koba via plurality of votes to serve on its board of directors for a three-year term. In this role, she will be tasked with helping to develop and implement the alliance’s operational plan, as well as serve as a board liaison for the Data Development Committee which monitors and alerts members of Medicare Secondary Payer (MSP) issues facing the industry

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Philadelphia-area healthcare litigators obtain favorable outcomes in four consecutive cases

Philadelphia-area litigators from the Burns White Healthcare and Long-Term Care Group obtained favorable outcomes in their last four consecutive cases venued in Philadelphia County.

Most recently, Member Stuart T. O’Neal, III and Associate Sasha E. Miller secured a dismissal for an acute care hospital in a breach of standard of care case. The plaintiff, a patient who received treatment at the facility, alleged that our client failed to identify her as a fall risk and prevent her alleged injuries. Through the aggressive pursuit of discovery, Mr. O’Neal and Ms. Miller were able to show that the plaintiff failed to respond to any discovery requests and file a verification with the complaint. Prior to granting the dismissal, the court precluded the plaintiff from testifying about the information requested in our discovery requests.

In November, Mr. O’Neal and Associate Anne Schmidt Frankel obtained a complete defense verdict after a two-week trial before the Honorable Marlene Lachman for an acute care hospital client involving allegations of a delay in intubation for a patient with angioedema, swelling of the neck, mouth and airway, secondary to prescription ACE inhibitors. The plaintiff’s claims included claims of corporate negligence regarding emergency room coverage and specialty consultation availability for an airway emergency. The jury verdict was unanimous.

Earlier in 2014, Mr. O’Neal and Ms. Frankel received a summary judgment for a nonprofit client that provides residential, therapeutic, educational, vocational and social programs for individuals with intellectual and developmental disabilities. Their motion for summary judgment requested dismissal on the basis that the plaintiff failed to sustain their burden of proof of gross negligence, a required threshold in cases against facilities like our client covered by the Mental Health and Mental Retardation Act and the Mental Health Protections Act. Mr. O’Neal and Ms. Frankel further asserted that the plaintiff failed to produce expert reports to support their theories of negligence and causation. The matter is currently being appealed by the plaintiff.

Finally, Mr. O’Neal and Ms. Schmidt obtained a dismissal for a drug and alcohol rehabilitation facility client. Through aggressive investigation and discovery motions, they were able to determine and confirm that the plaintiff had died before the filing of the lawsuit. Mr. O’Neal and Ms. Frankel obtained an order on their motion for sanctions precluding the plaintiff from offering certain evidence in support of the case. They also established that there was no proper party to the suit, as the plaintiff was deceased and her counsel did not seek to timely find a substitute for her estate.

Note: The results obtained in a particular case are heavily dependent on the facts and the law specific to that case.

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Energy litigators secure a summary judgment for a natural gas producing client in a lease royalty dispute

Energy Group Co-Chair and Member Jeffrey D. Roberts and Associate Cressinda D. Schlag received a summary judgment for a large natural gas producing client in a lease dispute involving the distribution of royalties in Greene County, Pa. The land involved in the dispute was initially part of a lease that was entered into by a husband and wife in 1928. Their estate was eventually subdivided between three parties with the latest modification to the lease occurring in 2009. The plaintiffs, a married couple who owned the majority of the surface estates and oil and gas rights in the lease, disputed the allocation of royalties in regard to one of the individuals in the lease in 2010. In accordance with the lease, our client ceased making payments to that individual and placed the disputed funds into suspense. The plaintiffs then sued, alleging that our client withheld royalty payments that belonged to them.

Burns White argued that the subdivision of royalties and suspension of funds were in accordance with the terms found in the modified lease that was signed by all parties involved. The court agreed and granted summary judgment, noting that no additional interpretation of the lease was required.

Note: The results obtained in a particular case are heavily dependent on the facts and the law specific to that case.

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Burns White hires seasoned trial attorney as Of Counsel in Pittsburgh

PITTSBURGH, Jan. 26, 2015 — Burns White LLC hired seasoned trial attorney C. Leon Sherman as Of Counsel to its Pittsburgh office.

With more than 40 years of experience, Mr. Sherman has successfully managed a wide range of construction, products liability, insurance coverage and business matters in state and federal courts throughout Pennsylvania, bringing more than 120 jury trials to verdict. He has represented clients in litigation in many state and federal courts throughout the United States. In addition, Mr. Sherman is a federal court-qualified mediator well versed in alternative forms of dispute resolution.

He received both degrees — a J.D. and B.A. in English — from the University of Pittsburgh.

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Burns White welcomes five Associates to offices in Pittsburgh and Wilkes-Barre

PITTSBURGH, Jan. 09, 2015 — Burns White LLC welcomes five associates with practices spanning energy, workers’ compensation, and healthcare and long-term care to its offices in Pittsburgh and Wilkes-Barre, Pa.

Pittsburgh

Energy
Laura R. Griesbach assists oil and gas clients with the drafting of certified title opinions, as well as the preparation of due diligence and curative recommendations to remedy title defects. Prior to joining Burns White, she served as the division order title opinion team lead at a brokerage firm. Ms. Griesbach received both a J.D. and an LL.M. degree in Business and Taxation from Capital University.

Brandon J. Lucki focuses on due diligence review, title curative measures and certified title opinions for clients operating in the coal and oil and gas industries. Prior to joining the firm, Mr. Lucki was an associate at a large regional law firm, where he primarily dealt with the drafting and reviewing of mineral and leasehold title opinions and abstracts in West Virginia, Southwestern Pennsylvania and Eastern Ohio. Mr. Lucki received a J.D. from West Virginia University.

Sean W. Triskett assists clients in the oil and gas industry with due diligence, title curative measures and certified title opinions. Before starting at Burns White, Mr. Triskett was a supervising research attorney at an oil and gas law firm in Canton, Ohio. In this role, he managed a team of research attorneys on a large scale due diligence project in Southeast Ohio for an oil and gas client. Mr. Triskett graduated, magna cum laude, from the Cleveland-Marshall College of Law at Cleveland State University.

Workers’ Compensation
Samuel J. Dalfonso concentrates his practice on the defense of employers and insurance companies in work-related injury claims. Prior to joining Burns White, Mr. Dalfonso was a law clerk at Flaherty & O’Hara PC working with local counsel on multi-state liquor licensing projects. Mr. Dalfonso graduated from the University of Pittsburgh School of Law.

Wilkes-Barre

Healthcare and Long-Term Care and Employment Litigation
Christian W. Francis’s practice has an emphasis on medical malpractice defense, professional liability litigation and employment-related matters. His experience consists of handling personal injury and professional negligence cases, and a wide range of employment issues including employment discrimination, wage, wrongful termination, breach of contract, discrimination and unfair labor practices cases. Mr. Francis earned a J.D. from the University of Pittsburgh School of Law.

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