Buckner Wellford

More than 30 health care liability jury trials representing defendant physicians and hospitals.

Successfully represented a hospital and ambulatory surgery center in challenges brought by physicians subject to disciplinary action under peer review procedures.

Represented plaintiffs and defendant municipalities in federal civil rights litigation in the United Stated District Court for the Western District of Tennessee.

Successfully defended a physician hospital organization against claims that it conspired to boycott a surgery center and two of its physician investors from the outpatient surgery market in the Memphis area in violation of the Sherman Act, as well as state law unfair competition and tortious interference claims in the United States District Court for the Eastern District of Arkansas.

Obtained declaratory judgment for a commercial lessee distribution center in a dispute over the scope of a clause in the section of lease governing "Additional Rent" in the United States District Court for the Northern District of West Virginia.

Represented a health care system in receivership action involving the attempted "claw back" of charitable contributions under fraudulent conveyance state laws in the United States District Court for the Northern District of Texas.

Obtained a defense verdict for a publicly held waste collections and disposal company in a breach of contract and fraud claim involving failure to move forward with Letter of Intent for acquisition.

Completed the successful resolution of civil investigative demands made to physicians by the Office of Inspector General and the Department of Justice.

Represented a publicly traded waste management and collections client sued in Mississippi state court over the decision not to move forward with a letter of intent to purchase a local company. The client battled allegations of fraud, breach of contract and entitlement to punitive damages resulting in a demand for a multimillion dollar recovery. Following a two week trial, the jury returned a verdict for the client, which was upheld on a motion for a new trial.

Represented a national distributor of hardware products in a lease-buyback dispute in West Virginia federal court. The declaratory judgment relief sought, involving a dispute over the meaning of a lease provision governing Additional Rent, and potential exposure under a counterclaim asserted by the defendants, potentially impacted several other client leases in other parts of the United States with similar language.

Represented a medical center, defending a recommendation made by its board of directors to apply a summary suspension of 31 days to the privileges of a physician who failed to meet his obligations as an on-call surgeon in an incident involving a patient presenting to the emergency room. The surgeon invoked his right to a "fair hearing" before a panel of three independent physicians. Following the presentation of evidence at the hearing, the panel unanimously upheld the board's recommendation and denied the physician's appeal.

Obtained a jury verdict in favor of a Tennessee-based hospital system in a matter alleging pain and suffering due to negligence on behalf of ER personnel.

Obtained voluntary dismissal before court ruled on motion for directed verdict of a wrongful death claim against a Tennessee-based hospital system involving contested issues of liability concerning the reintubation of a patient in the ICU who was experiencing respiratory difficulties.