Overview

Our clients know they can depend on Butzel’s Health Care Industry Team to bring an unparalleled level of experience and a wide range of resources to the table. When clients require counsel to deal with ongoing business issues, critical regulatory and litigation-related matters, and complex transactions, Butzel is the firm they trust.

The legal acumen our firm is renowned for is more important now than ever, as the health care industry faces continual economic challenges and significant governmental action. We have extensive experience across a broad spectrum of specialized and critical areas within the health care industry. We provide legal counsel relating to virtually every area of a client's organization. We assist with financial, corporate, regulatory, and compliance issues, governmental investigations, criminal and civil litigation, tax matters, and labor and employment advice.

We understand the unique legal, operational, and economic issues and relationships inherent in the health care industry and have the experience to counsel a broad spectrum of clients, including hospital and health systems, physicians, dentists, nurses and other professionals, ambulatory surgical centers, home care and physical therapy providers, long term care and hospice facilities, nursing homes, managed care providers, medical device and pharmaceutical manufacturers, and many others.

Members of our Health Care Team are at the forefront of change in the health care industry, addressing matters that arise in technology, entrepreneurship, and rapid regulatory changes. We provide counsel and representation on a broad variety of issues pertinent to health care, including:

  • Joint ventures
  • Mergers, acquisitions, and restructuring
  • Hospital-Provider relations
  • Real estate
  • Labor
  • Employment
  • Employee benefits
  • Health information technology
  • HIPAA compliance
  • Privacy issues
  • Regulatory compliance
  • Stark law/Anti-kickback
  • Medical staff/Fair hearing
  • Peer review
  • Professional licensure
  • Taxation and exempt organization matters
  • Recovery Audit Contractor (RAC) audits
  • Research agreements
  • Antitrust
  • Bond financing
  • Certificates of need
  • Criminal and civil false claims, including Qui Tam actions and other criminal defense matters
  • Environmental and medical hazardous waste issues
  • Patent, trademark, and other intellectual property matters

The attorneys that comprise the Health Care Industry Team are dedicated to serving on the boards and committees of various industry and professional organizations and are members of state and national bar association health care law sections.

Our attorneys frequently share their knowledge with clients and others, by serving as presenters and lecturers at various programs and seminars relating to health care law and have published articles in numerous health care law journals. We also regularly publish Client Alerts on current health care topics.

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Experience

  • Section 403(b) Plans (drafting plan documents and answering legal/compliance issues)
  • Analysis of affiliated service group rules under Internal Revenue Code
  • Successfully concluded a multi-million arbitration for an HMO involving competing claims for damages arising out of alleged mismanagement of the HMO and claims by the manager of a health group
  • Defended national health care certifyng board in action alleging antitrust and false advertising violations; one of the leading 6th Circuit cases on false advertising law
  • Successfully represented officer of pharmaceutical company in largest health care fraud trial to date in U.S. District Court in Boston
  • Defense of major regional hospital system in an anti-trust case alleging conspiracy among hospital and physicians to exclude a cardiologist from the hospital staff
  • Negotiated the purchase of a building and assumption of indebtedness for major health care organization
  • Defended party in contract dispute
  • Represented pharmaceutical company in a false advertising lawsuit involving a product claiming to be the generic equivalent of a leading brand
  • Negotiated synthetic lease transactions
  • Represented pharmaceuticals company in multiple-round preferred stock financings involving five venture capital investors
  • Represented the nation's largest house-call physician group in a multi-state, multi-case Qui Tam action brought by the Department of Justice
  • Led information technology and business process outsourcing transactions for various health care companies
  • Obtained a summary dismissal of claims against a major hospital in a medical malpractice case.
  • Obtained acquittal of pharmaceutical company executive in federal trial in Boston following 4 month jury trial
  • Represent national health care certifing board as General Counsel
  • Represented a healthcare client with the environmental aspects of the sale of the company
  • Obtained dismissal of False Claims Act (FCA) lawsuit against health care provider and affirmance of dismissal on appeal, Chesbrough, et al. v. VPA, P.C., (6th Cir. August 23, 2011)
  • Obtained a complete declination of all proceedings, criminal and civil health care fraud, against pharmaceutical client by the US Attorney's Office in Dallas
  • Patent and trade dress infringement, and trade secret misappropriation.
  • False advertising action
  • Represented hospital in alleged employment discrimination
  • Represented Eli Lilly in Wood v. Abbott Laboratories, an indirect purchaser name brand prescription antitrust class action.
  • Venture capital financing for a home health care services corporation
  • Represented healthcare company in issues regarding Bullard Plawecki Employee Right to Know Act (records access)
  • Represents William Beaumont Hospital, a major hospital system, in a multi-billion dollar antitrust class action claim alleging a conspiracy by area hospital systems to suppress nurse compensation.
  • We obtained the Court of Appeals' affirmation of the trial court's dismissal of the challenge to the sale of the state hospital property to our client
  • Successfully defended non profit corporation formed to employ physicians serving community hospital in Michigan against plaintiff who owned one-third of stock
  • Defended client in contract dispute
  • Tortious interference and defamation; no cause in jury trial
  • Represented CFO of a non-profit hospital for securities fraud; case settled no jail or fine, SEC restitution
  • Represented pharmaceutical company in Qui Tam case in Boston.
  • Successful defense of a hospital against multiple complex medical malpractice claims.
  • Defended website owner of a health-care related site for trademark litigation against a provider of cosmetic surgery
  • Obtain summary judgment in Sec.1983 action
  • Negotiated long term mortgageable ground lease on behalf of developer for construction of physicians office building adjoining surgical center
  • Represented a full service non-profit community supported hospital as a debtor in possession in Chapter 11 proceedings
  • SEC Enforcement Actions: individual and corporate defendants facing federal criminal prosecution and SEC investigations
  • Defended party in business fraud action
  • Patent infringement action
  • Successful representation of pharmaceutical company in prosecuting claims against contract manufacturer relating to conduct that caused product recall
  • Health Care Fraud Federal Criminal Trial: Individual Defense
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