Pashman Stein Walder Hayden P.C. Named New Jersey Law Journal’s Law Firm of the Year 2023*

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Overview

The Health Care Practice Group at Pashman Stein Walder Hayden leverages the firm’s skilled advocates to represent health care entities including health systems, hospitals, medical practices, dental groups, nursing homes and other long-term care centers, and pharmaceutical companies, as well as individual health care professionals in medical and dental practices. Our team has successfully litigated cases on behalf of health care entities and individuals in state and federal courts as well as represented their interests before agencies. Moreover, our lawyers counsel clients on private and public criminal investigations, advise on business negotiations and transactions, and guide clients on employment law matters including those involving the lawful use of cannabis. 

Health Care Litigation

Our attorneys represent clients in the healthcare industry in a wide range of litigation matters, including complex commercial litigation involving business torts such as tortious interference and unfair competition.

Health Care Employment Matters

We represent physicians and other health care professionals in employment negotiations with hospitals and medical practices.

Health Care Transactional Matters

We provide counseling on diverse transactional matters that affect health care professionals and businesses by advising health care providers on how to deal with the constantly evolving medical marketplace. This work includes advising clients on mergers and acquisitions, various business ventures, and health care business arrangements.

We also represent physicians in their non-medical related business, such as outside business ventures, investments, and contracts.

Criminal Defense

Pashman Stein offers health care clients access to skilled and respected litigators who have extensive experience in criminal defense. Our attorneys have represented health care professionals and entities against governmental and private adversaries and have appeared before investigative agencies, as well as federal and state courts.

Our attorneys have handled complex cases involving a wide range of health care allegations, including:

  • Violations of the Anti-Kickback statute and self-referral regulations
  • Improper billing and coding
  • Improper prescribing and distribution of controlled dangerous substances
  • Antitrust compliance
  • Fraud and abuse investigations by federal agencies, including the Office of the Inspector General of Health and Human Services (OIG), Department of Justice (DOJ), Drug Enforcement Administrations (DEA), and Federal Bureau of Investigations (FBI)
  • Fraud and abuse investigations by state agencies, such as departments of health (DOH), Department of Banking and Insurance (DOBI), and State Attorneys General (AG).

Medical Cannabis

We represent clients in the highly regulated industries of medical cannabis and hemp-derived products, such as cannabidiol (CBD), by assisting companies, health care professionals, and medical marijuana patients in navigating the complex developing laws, including those related to the authorization of medical cannabis. We also advise companies and individuals on the specific protections afforded to medical marijuana patients under the Jake Honig Act in employment, the receipt of medical services, and real estate.  

Our Team

Experience

Representative Matters

  • Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
  • Obtained a favorable result for two prominent doctors from New Jersey who were indicted by the Attorney General’s Office of New Jersey for healthcare fraud, committing bribery, and acting as a runner for medical providers. In the initial round of pre-trial motions, the defense obtained a dismissal of healthcare fraud and acting as a runner charges. Ultimately, the defense persuaded the office of Attorney General to permit the doctor involved to be accepted into the Pre-Trial Intervention Program which resulted in the ultimate dismissal of the commercial bribery charge – without any admission of guilt or culpability by the doctor involved. At all times, each doctor steadfastly maintained his innocence.
  • Representation of a client in connection with the sale of a former nursing home site in Jersey City.
  • Representation of a doctor in a federal health care fraud case related to kickbacks from blood lab.
  • Representation of an individual in a tele-health company accused of health care fraud and a kickback scheme in federal court.
  • Representation of doctors accused of improper billing practices and health care fraud in federal court.
  • Representation of medical practices and other health care providers with regard to investigations by the New Jersey State Attorney General’s Office and the New Jersey Office of the State Comptroller, Medicaid Fraud Division, as well as the New York State Attorney General’s Office.
  • Represented prominent cardiology group and individual cardiologists in a business tort case brought against them by a specialty hospital asserting claims of tortious interference and unfair competition relating to the group’s referral practices. Retained after the trial court had just denied defendants’ motions for summary judgment and facing a trial that was expected to last several months, we spearheaded the filing of new motions for summary judgment that raised dispositive issues that had not yet been addressed in the more than seven-year-old litigation. Following extensive briefing, the trial court dismissed all of the hospital’s claims with prejudice. The hospital had been seeking nearly $30 million in compensatory damages and an award of punitive damages. On appeal, the Appellate Division affirmed the dismissal of 99% of the hospital’s damages claim and remanded for further proceedings on claims valued at less than $300,000. The case settled during trial, shortly after the parties selected a jury and delivered opening statements.
  • Successfully represented on appeal a prominent doctor who had been convicted of two criminal charges involving unlawful sexual contact with a patient. Although this firm did not serve as trial counsel, it was established before the Appellate Division that the doctor in question did not receive a fair trial and the conviction was reversed
  • Represented a radiology practice group in an arbitration involving a claim for breach of contract, obtaining summary judgment and an award of attorneys’ fees on the client’s behalf.
  • Represented a health system of four hospitals in southern New Jersey against a specialty hospital in commercial litigation in New Jersey state court whereby the specialty hospital claimed that health system’s acquisition of a hospital in 2019 caused the acquired hospital to breach a restrictive covenant in a contract with the specialty hospital, and resulted in the health system inducing the alleged breach and competing unfairly with the plaintiff. This matter was resolved by mutual agreement of the parties and dismissed in its entirety with prejudice.
  • Represented osteopaths in a class action alleging that the American Osteopathic Association's conditioning of board certification on the purchase of membership in the Association constituted unlawful tying in violation of antitrust laws. The class action was resolved with an injunction against the AOA preventing their illegal tie, which was found to violate the Sherman Antitrust Act, and future benefits for approximately 100,000 Osteopathic Physicians with a value of around $84 Million.
  • Counsel to a statewide class of emergency room physicians in Tennessee asserting class action claims against a health insurance companies arising out of improper reimbursement for so-called “non-emergency” services.
  • Represented a health system of four hospitals in southern New Jersey against a specialty hospital in a state court litigation spanning more than ten years where the specialty hospital asserted unfair competition and civil conspiracy against the health system.
  • Counsel to a statewide class of emergency room physicians in Illinois asserting class action claims in an arbitration against health insurance companies arising out of improper reimbursement for non-contracted services provided to beneficiaries enrolled in the insurer's Medicaid plan.
  • Counsel to a national class of hospitals asserting class action claims against two insurance companies arising out of improper reimbursement for facility charges, as opposed to professional charges.
  • Obtained summary judgment on a health system of four hospitals in southern New Jersey against a specialty hospital in southern New Jersey, in federal antitrust litigation in which the court held the specialty hospital failed to show any adverse effect on competition in the market.
  • Counsel to a Philadelphia-area hospital in an action alleging antitrust claims against the region's largest health insurance company arising out of hospital reimbursement rates.
  • Representing two health systems in a case against the state of New Jersey, seeking to hold unconstitutional as "special legislation" a law that transfers the right to provide emergency medical services from the health systems to other hospitals without regard to the established regulatory structure.
  • Counsel to a healthcare association in Pennsylvania in a challenge to a General Appropriations Act that set a default reimbursement rate for out-of-network emergency services provided to enrollees of Medical Assistance managed care organizations; the Supreme Court of Pennsylvania issued a unanimous ruling invalidating the provision in favor of the Duane Morris client.

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