Lead Practice Area: Health Care Litigation
Summary: New York's unique program for subsidized excess medical malpractice insurance (Hospital Excess Liability Pool) generated a series of lawsuits by health insurers challenging a hospital bill "add-on" which financed the program. We were retained by a leading excess medical malpractice insurance carrier to defend the constitutionality of the program and to oppose the health insurers' claim for a $170 million refund of premiums. Favorable appellate court rulings, in combination with legislative action, resulted in dismissal of the health insurers' lawsuits.