Kenneth D. Gack, Esq.

T: 415-982-5267
F: 415-982-5287
Health Care

Over the last two decades, Ken Gack, Esq. has acquired extensive experience in the resolution of disputes in the fields of health care and medicine.  Prior to joining JAMS in 1996, Mr. Gack had 20 years of experience as a litigator in private practice.  Mr. Gack’s experience in health care commenced with a reputation for having particular expertise in resolving medical malpractice claims.  Over time, his experience has grown, and he has developed an adept facility in resolving billing and management disputes, employment matters in the health care industry, business disputes between health care providers and medical device manufacturers, and medical device product liability cases.  He has acted as a mediator and arbitrator in thousands of disputes and is known for his ability to quickly grasp complex facts unique to each case, while applying his extensive health care experience to help guide parties to practical solutions and resolutions.

ADR Experience and Qualifications

  • Physician/Practice and Hospital Relations
  • Medical Device Product Liability
  • Insurer/Insured and Insurer/Provider Disputes
  • Employment Disputes in health care
  • Harassment and Discrimination Claims arising out of health care
  • Medical Practice Partnership and Management Disputes
  • Medical/Surgical Malpractice and Wrongful Death claims

 

Representative Matters

  • Payment, Reimbursement and Coverage Disputes
    • Arbitrator of rescission dispute claims arising out of application content
    • Mediated multiple disputes between malpractice insurers, Medicare managed care providers and claimants concerning rights and value for past and future care
  • Business Cases:  Medical Practice Partnership and Management Disputes
    • Mediated cases involving dissolution of professional partnership; allegations of breach of fiduciary duties between former partners
    • Mediated a compensation and valuation dispute between partners and investors of inhalation therapy practice; buy-out terms and financing
    • Mediated health care practice member executive incentive and bonus compensation disputes
    • Mediated multiple practice disputes between and among members, management and staff
    • Mediated cases involving “Stark” and anti-kickback issues in the fulfillment of teaching obligations of the physician for a facility where office space and other benefits are provided
  • Health Care Employment Disputes
    • Mediated wage and hour cases including alleged mis-classification, lunch and break claims
    • Mediated disputes involving whistleblower claims by management and general employees arising out of alleged improper/illegal activities
    • Mediated employment claims arising out of failure to accommodate, retaliation, and discrimination in health care settings
    • Mediated a case involving a physician’s romantic relationship with surgical staff with claims of harassment, intimidation, and workplace bias in hours and responsibilities
  • Medical Product Liability
    • Mediated multiple personal injury matters involved alleged product defects in medical devices and pharmaceuticals
    • Mediated medical product liability matter involving a hip dislocation allegedly resulting from a fracture of a prosthetic stem
    • Mediated a medical products liability case involving surgical staplers allegedly lacking staples and resulting in prolonged surgical procedures
    • Mediated a medical products liability case against a large medical device manufacturer over an allegedly faulty heart valve implant
  • Medical Malpractice and Negligence Claims
    • Mediated hundreds of medical negligence claims including those with the most severe of injuries; representative cases:
      • Undiagnosed spinal abscess resulting in paralysis
      • Untreated fungal infections resulting in post-surgical toxic shock with multiple amputations
      • "Elder Abuse"/medical negligence claims with decubitus injuries

Honors, Memberships, and Professional Activities

  • Board Member, SEE International, 2014
  • Recognized as a "Top Neutral," Daily Journal Top California Neutrals List, 2013
  • Recognized as a ADR Northern California Super Lawyer, San Francisco Magazine, 2006-2013
  • Distinguished Mediator of the Year Award, San Francisco Trial Lawyers Association, 2004
  • President and Board Member, Legal Aid of Sonoma County, 2010-2012
  • Member, Association of Business Trial Lawyers
  • Member, San Francisco Trial Lawyers Association
  • Frequently requested lecturer on ADR and civil litigation
  • Member, American Healthcare Lawyers Association ADR Panel
  • ADR training includes the Advanced Mediation Training Program at the Pepperdine University Institute for Dispute Resolution, the National Association of Securities Dealers and California State Bar ADR Roundtables
  • "Gack's Got the Knack for Settlement," ADR Profile, Daily Journal, August 10, 2012

Background and Education

  • JAMS, 1996-present
  • Private practice emphasizing alternative dispute resolution services, 1994-1996
  • Founding and managing partner, James, Gack, Bernheim and Hicks, Santa Rosa, 1982-1994
  • Judge pro tem, Sonoma County Superior Court, 1983-present
  • J.D., Pepperdine University, 1976
  • B.A., Anthropology, Cal. State University, Dominguez Hills, 1973

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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