Healthcare Litigation

Practice Areas > Healthcare Litigation

Our firm has handled subrogation and reimbursement claims for health insurers, third party administrators and self-funded plans for almost 20 years. We are comfortable pursuing such claims in both state and federal court as necessary to maximize our clients’ recoveries.

In today’s world, health plans have many things to consider when pursuing subrogation and reimbursement claims. Does state law or federal law control? Does my plan language provide a priority right of recovery? What are the public relations concerns if the matter is litigated? Gibson & Sharps works closely with our clients to answer these difficult questions. Whether you wish to aggressively pursue litigation, or simply strengthen your negotiating position, a Gibson & Sharps attorney can meet your needs.

Reasons to engage Gibson & Sharps on a healthcare matter:

Opposing counsel arguing outdated or inapplicable law
Plan member has funds and refuses reimbursement under terms of the plan
Plan member not pursuing a case against the responsible third party
Plan has been named as a party to a lawsuit
Plan has received notice of a lien adjudication or equitable distribution hearing
Plan has received a notice to intervene in plan member’s tort claim

Our firm has experience handling healthcare claims in the following areas:

State Insurance Codes and Regulations
Employee Retirement Income Security Act (ERISA)
Federal Employee Health Benefits Act Claims (FEHBA)
Medicare Secondary Payer Act
State and Federal Medicaid Laws

Representative Healthcare Cases:

Blue Cross Blue Shield Health Care Plan of Georgia, Inc. v. Gunter, 541 F.3d 1320
(11th Cir. 2008)
Scholastic Corp. v. Kassem, 389 F.Supp.2d 402 (D. Conn. 2005)
Space Gateway Support v. Prieth, 371 F.Supp.2d 1364 (M.D. Fla. 2005)
B.P. Amoco v. Connell, 320 F.Supp.2d 1368 (M.D. Ga. 2004)
Humana Health Plans v. Powell, 603 F.Supp.2d 956 (W.D. Ky 2009)
Fleetwood Enterprises, Inc. v. Taylor, 2007 WL 2826180, (W.D. Ky 2007)
Iowa Health Plans v. Graham, 2008WL 2959796 (C.D. Ill. 2008)
International Coal Group, Inc. v. Pennington, (E.D. Ky. 2009)

For information regarding Healthcare Litigation by Gibson & Sharps, please contact John D. Kolb.

Phone: (502) 214-6125
Email: jdk@gibsonsharps.com