Joe represents a wide variety of clients in litigation matters related to attorney malpractice, hospital facilities and healthcare system compliance issues, and physician credentialing disputes. In addition, Joe litigates matters related to transportation, medical device, and pharmaceutical liability.
Joe is an experienced trial lawyer who focuses on complex litigation involving healthcare entities. Joe has represented hospital facilities and healthcare systems in commercial matters, physician credentialing disputes, Medicare appeals, and has advised clients on various compliance related issues, including the Recovery Audit Contractor (RAC) program. Joe obtained Medicare RAC certification in conjunction with the National Medicare RAC Summit.
Joe has also successfully represented clients in professional liability matters, medical and pharmaceutical product liability litigation and transportation litigation. Joe also has experience as a trial attorney in the areas of insurance defense, complex coverage disputes and fidelity bond and surety matters.
EXPERIENCE
- Defense verdict in a jury trial in the 48th District Court of Tarrant County, Texas. This medical malpractice case was brought against two family practice physicians and their practice group alleging that they failed to diagnose a condition called pseudotumor cerebri in a 14-year-old girl. The girl eventually suffered from severe vision loss and she and her family sought damages in excess of $3 million.
- Defense verdict in a jury trial in Dallas County Court at Law No. 1. The case involved representation of a family practice doctor and his group against allegations that he failed to aggressively treat hypertension which resulted in Plaintiff requiring a kidney transplant. Plaintiff claimed approximately $615,000.00 in past medical expenses and approximately $1 million in future medical expenses.
- Defense verdict in a jury trial in Dallas County Court at Law No. 5. The case involved a shoulder dystocia delivery where Plaintiffs alleged that the obstetrician was negligent in the delivery of a baby who suffered a brachial plexus injury to her left arm at birth. The Plaintiffs claimed approximately $750,000 for past and future medical expenses, and $550,000 in future loss of earning capacity. In addition, Plaintiffs asked for approximately $1.7 million in damages for pain and suffering and mental anguish, resulting in approximately $3 million in total damages.
- Successful representation of a large insurance company involving complex coverage and Stowers issues stemming from a serious products liability injury claim.
- Defense verdict in a jury trial in the 44th District Court of Dallas County, Texas. Represented an orthopedic spine surgeon and his practice against the Plaintiff’s allegations of unnecessary scoliosis revision surgery. The Plaintiff, who was left partially paralyzed as the result of the surgery, sought six million dollars in damages.
- Representation of an insurer in Arkansas in a Financial Institution Bond Claim resulting from the default of numerous loans by a developer.
- Defense verdict in a jury trial in the 14th District Court of Dallas County, Texas. Represented a radiologist and radiology practice group in a medical malpractice case filed by a 69 year-old patient who underwent surgery, chemotherapy and radiation treatment for breast cancer. The Plaintiff alleged that the Defendants failed to timely diagnose her breast cancer and sought damages in excess of one million dollars.
- Defense verdict in a jury trial in the 96th District Court of Tarrant County, Texas. This medical malpractice wrongful death case was filed by the father of a 23 year-old decedent, both individually and on behalf of her Estate. Represented a family practice physician and a family practice medicine clinic with regard to allegations of failing to properly diagnose the patient, who eventually died from bacterial endocarditis.
- Representation of insurers in the professional liability context, including the defense of stockbrokers and insurance agents.
- Directed verdict on behalf of the Defendant in a jury trial in Parker County, Texas. Represented a pathology group in a case where the Plaintiff made a claim of breach of implied warranty as the result of an alleged inaccurate read of a dermatological slide. Plaintiff claimed the slide demonstrated signs of melanoma.
Presentations
- The RAC Audit: The New Medicare Recoupment Initiative, Texas Tech University Health Sciences Continuing Education Network (September 2010)
- The Effect of Tort Reform on Healthcare Costs, Hot Topics for Business Owners, Strasburger’s Business & Law Forum(April 2010)
- Medicare’s Recovery Audit Contractor Program, Texas Medical Association Webinar (November 2009)
- RAC: The Time is Now, Strasburger’s Health Industry Online (June 2009)
- EMTALA, Strasburger’s Health Law Counsel Series (June 2008)
- Clinical Trials, Epidemiological Data and Statistical Analysis: Making or Breaking Your Case, University of Houston Law Foundation Course on Medical Malpractice, Medical Device and Pharmaceutical Litigation (2001)
- Pharmaceutical Products Litigation, Texas Association of Defense Counsel Products Liability Seminar (1998)
- Health Care and the Law, University of Dallas MBA Program (1995)
- Analysis of Pharmaceutical/Medical Device Litigation, State Bar of Texas Professional Development Advanced Course on Medical Malpractice, Pharmaceutical, and Medical Device Litigation (1994)
- Products Liability Issues in Medical Malpractice Cases, The Cutting Edge of Medical Liability, Southern Methodist University School of Law (1994)
Publications
- Defense is Your Best Medicine: Stop Cyberattacks, Strasburger’s Food & Drug Law Blog (June 2013)
- The Benefits of “Risk-Sharing” in the Rapidly Evolving Healthcare Industry, Strasburger’s Health Industry Online (June 2012)
