Health Law Practice Area

Brian Hamilton, Health Law Team Leader
BRIAN G. HAMILTON

901 Main Street, Suite 4400
Dallas, Texas 75202.3794
214.651.4755
214.651.4330 fax
brian.hamilton@
strasburger.com

  

  

For over three decades, Strasburger has aggressively defended medical liability claims against physicians, hospitals, day surgery facilities, nursing homes, rehabilitation facilities, preferred provider organizations and other health care organizations and providers. In addition, our health law attorneys have represented a diverse range of medical and health product manufacturers and distributors, as well as medical device and pharmaceutical manufacturers in lawsuits alleging defective or dangerous products.

Areas of representation also include licensing, credentialing, Medicare, Medicaid, and state and federal regulations. Our health law practice includes more than 25 experienced attorneys in Dallas, Houston and Austin, including a licensed pharmacist and a Ph.D. in microbiology and immunology. Registered nurses who work as trained paralegals and investigators provide an additional vital resource.

Strasburger's health law practice handles a spectrum of lawsuits, from traditional malpractice cases filed by solitary claimants to mass litigation involving hundreds of plaintiffs. Some of the high-profile, multiple-plaintiff litigation which our attorneys have handled includes: silicone breast implants; L-tryptophan; Fen/Phen; and health care facility fraud, conspiracy and abuse claims against major hospital organizations and related entities.

The firm's health law attorneys are frequently asked to take over litigation already in progress which has deteriorated or threatens to become a crisis situation. Such cases include requests to attack, set aside, appeal or retry large health care liability verdicts/judgments and to assume the defense of numerous serious malpractice or health-related cases, such as cases involving brain injury, paralysis, disfigurement, economic loss, perinatal/obstetrical morbidity and mortality, psychiatric and nursing home malpractice, and attacks on systemic practices of large or small health care organizations.

  

AREAS OF REPRESENTATION

  • AIDS exposure
  • Ambulatory surgery center litigation
  • Anesthesia machines and medications
  • Antitrust claims against physicians
  • Birth control pharmaceutical and devices
  • Blood gas analysis and other laboratory equipment
  • Breast implant cases
  • Contract and staff privileges disputes
  • Craniofacial and reconstructive surgery
  • Emergency room cases
  • Experimental medicine
  • Hepatitis "C" infection claims
  • Impaired provider cases
  • Infant formula litigation
  • Infection Control
  • Radiation Exposure
  • Medical research
  • Medication error
  • Medication reactions
  • Medical record litigation and expungement disputes
  • Meningitis and other diseases of infants, children and adults
  • Mergers and acquisitions
  • Nursing home cases
  • Nutritional supplement litigation
  • Obstetrical, emergency room and other acute care malpractice claims against hospitals and physicians
  • Pharmaceutical litigation
  • Psychiatric hospital litigation
  • Transport/Anti-dumping litigation
  • Suicide or self-inflicted harm involving claims of inadequate prevention
  • Weight reduction surgery cases

  

EXAMPLES OF REPRESENTATION

  • Obtained first defense verdict in Texas on behalf of a breast implant manufacturer.
  • Obtained defense verdict on behalf of nursing home when patient wandered from home and drowned in adjacent creek.
  • Obtained defense verdict for national hospital chain in which hospital radiology staff allegedly caused patient's paraplegia.
  • Ongoing resolution of hepatitis "C" claims and suits against a national hospital corporation and related entities.
  • Ongoing resolution of health care facility fraud and conspiracy and abuse claims for major hospital chain and related entities.
  • Successful resolution of many obstetrical negligence, emergency room and other acute care malpractice claims against hospitals and physicians.
  • Successful defense/resolution of staff privilege disputes, including judgment at the trial court level in state and federal court, and on appeal.
  • Resolution of numerous contract disputes, including the successful litigation of disputes involving rival radiology groups regarding dialysis facilities.
  • Successful defense at trial of a breach of contract claim where the plaintiff was attempting to force a hospital corporation to purchase a Mississippi hospital facility, and summary judgment on all remaining claims which were affirmed on appeal by the Fifth Circuit Court of Appeals.
  • Merger of two large Texas hospitals, including antitrust counseling of client, responding to investigation of FTC and Texas Attorney General and obtaining and coordinating work of economists and other outside consultants.
  • Successfully settled price-fixing complaint by Texas Attorney General against multiple physicians.
  • Legal, investigational, and information management of potential AIDS exposure crisis for major hospital operation.
  • Legal, investigational and information management of potential infectious disease exposure crisis for multiple hospital organizations.

  

HEALTH CARE CRISIS MANAGEMENT

Strasburger's health law attorneys have developed the ability to handle and provide rapid advice and management of health care crisis situations. Such emergencies may arise from the need to avoid or minimize either or both of health risks and legal risks of catastrophic injury scenarios. Our attorneys also handle serious health crisis situations arising, for example, from mass patient exposures, system-wide breakdown in asepsis, aberrant conduct of impaired professionals, and other similar crisis situations which require coordinated management of health problems, legal issues and media exposure.

  

REPRESENTATIVE CLIENTS

  • Employers Reinsurance Co.
  • GAN North American Insurance Company, Inc.
  • HCA – The Healthcare Company
  • Horizon Health Care Corporation
  • Mayo Clinic
  • Medical City Dallas Hospital
  • Podiatry Insurance Company of America
  • Mutual Assurance, Inc.
  • Showa Denko America, Inc.
  • SmithKline Beecham Corporation
  • St. Luke's Episcopal Hospital
  • Tenet Healthcare Corporation
  • Teva Pharmaceuticals USA, Inc.
  • Texas Children's Hospital
  • University of Texas Health Science Center
   

 

     
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