R. Wayne Thorpe, Esq.

T: 404-588-0900
F: 404-588-0905
Health Care

Wayne Thorpe, Esq. has acted as mediator or arbitrator in numerous health care cases involving class actions, provider charges and reimbursement, federal and state False Claims Acts, professional negligence, medical staff issues, health care industry employment issues, physician practice breakups, hospital/physician disputes, M&A, governance, technology/licensing, and insurance issues. He has been appointed to the American Health Lawyers Association (AHLA) Panel of Dispute Resolvers, and he is a member of the ABA Health Law Section, Vice Chair of the ABA Health Law Section Task Force on ADR and Conflict Management in Health Care, past Co-Chair of the ABA Dispute Resolution Section's Health Care Committee, and a member of the Health Law Section of the Georgia Bar. He regularly speaks on health care mediation and arbitration topics including recent presentations in Atlanta, Chicago, Las Vegas, Miami, Orlando, San Diego, and Washington, D.C., Mr. Thorpe also has authored an article, Effective Use of Mediation and Arbitration in Health Care Disputes, published by Bloomberg Health Law Reports, and he is a co-author with other JAMS colleagues of the book, What is ADR in Health Care Disputes?, published by the ABA Health Law Section.

Mr. Thorpe has been a full-time ADR neutral since 1998. He has served as mediator, arbitrator, facilitator, special master, and case evaluator in roughly 2000 cases in at least 15 states, including many high stakes and complex cases, class actions, MDL’s, and other large scale multi-party cases, and more than 500 arbitrations as sole arbitrator, panel chair, or party-appointed arbitrator.

Mr. Thorpe was named by the Best Lawyers in America publication as the 2015 Atlanta Arbitration Lawyer of the Year and the 2012 Atlanta Mediation Lawyer of the Year, and he has been recognized by International Who’s Who of Commercial Mediation, Best Lawyers in America and Georgia Super Lawyers for a number of years.

He is Past Chair of the ABA Dispute Resolution Section, and he has been a leader in ADR ethics and other policy matters both nationally and in Georgia for many years. He has also served as an adjunct professor and guest presenter in ADR courses in several law schools. Before he became a full-time neutral, Mr. Thorpe was a litigation partner in a large Atlanta law firm.
Representative Matters

  • Health Care Class Actions 
    • Mediation in class action in Texas asserting negligence, fraud, RICO, and ERISA claims against pharmacy chain alleging failure to refund third-party payers for partially filled prescriptions; appointed by federal court in Texas
    • Mediation of putative class action of Medicaid providers and enrollees against state Medicaid agencies alleging half billion dollar underpayments for services for the developmentally disabled
    • Mediation of class action against hospital operator for overcharges to patients
    • Mediation in class action by physicians against health insurers for underpayment
    • Mediation in class action claim against pharmacy for alleged invasion of privacy in connection with transfer of prescription and patient information to new pharmacy
  • Health Care Employment Related Cases
    • Mediations and arbitrations of disputes (in GA, FL, NC, SC, and TN) between physicians and hospitals, practice groups, or other employers involving relocation and recruitment payments (including Stark and Anti-Kickback issues), discrimination claims, contract issues, etc.
    • Arbitration of legal disputes among cardiology practice, hospital and two adverse groups of physicians arising from failed sale of practice to hospital
    • Mediation of FLSA collective action involving home health workers
    • Mediations and arbitrations of disputes among physicians including a variety of contract, non-compete, RICO, discrimination, and claims relating to patient records and privacy
    • Arbitration between hospital, physician practice group, and physician involving alleged violations of Stark Law and Anti-Kickback Statue
    • Arbitration between hospital and surgeon involving physician allegations of inadequate staffing and equipment and claim for unpaid call time
    • Mediation of disputes surrounding non-compete issues between physician and practice management services provider
    • Mediation of claims by eye surgery practice against departing physicians for breach of non-compete and non-solicit clauses, plus conversion, breach of fiduciary duty, and tortious interference with business relations
    • Mediation of disputes surrounding practice break-up issues among pediatric orthopedists
    • Mediation of age discrimination claim by orthopedic surgeon against large orthopedic practice based upon alleged mandatory retirement age
    • Arbitration of employment discrimination cases brought by pharmaceutical representatives against employers
    • Mediation of Sarbanes-Oxley claim against start-up biotech company brought by research physician employee
    • Mediation of suit by hospital authority against doctor on note; counterclaim for breach of employment contract; third-party claim against hospital authority’s outside attorney
  • Health Care False Claims Act and Qui Tam Cases 
    • Mediation of USDOJ False Claims case in Knoxville, TN against DME supplier of bed surfaces to allegedly ineligible Medicare patients
    • Mediation of USDOJ/state AG False Claims case against disease management provider for alleged Medicaid fraud in not providing required services
    • Mediation of FCA case in Chattanooga brought by Tennessee AG and US DOJ against non-profit psych services provider over patient billing rates for Medicaid claims
    • Mediation of Qui Tam case against hospice operator, based upon medical necessity issues related to hospice eligibility
    • Mediation in USDOJ and Qui Tam False Claims case against physicians and hospitals in FL, arising from alleged improper non-supervision of procedures by radiation oncologists
    • Mediation of USDOJ False Claims case against oncology practice for medical necessity and coding issues related to non-physician charges
    • Arbitration of dispute among co-defendants (seller and buyer of physician practice) after settlement of false claims case with government
    • Mediation of False Claims Act case including retaliation claim brought against large hospital system by its internal auditor
    • Mediation of relator's retaliation case in Memphis, TN alleging illegal off-label pharmaceutical marketing
    • Mediation of USDOJ FCA case against psychiatrist arising from alleged improper coding of evaluation and management services (and use of Modifier 25) in connection with electroconvulsive therapy
  • Health Care Insurance Issues
    • Mediation with med mal insurer concerning allegations of multiple fraudulent diagnoses of asbestos-related lung diseases by a physician
    • Chair of arbitration panel in insurance coverage case involving alleged murder of patient by a Florida hospital’s nurse
    • Mediation of claim by managed care company for losses resulting from lawsuits for late payment of benefits
    • Life, medical, and disability insurance claims, including complex mental health disability claim by physician
    • Medical malpractice coverage for hospitals, doctors, nursing homes
    • Insurance coverage issues arising from allegations of fraud in sale of nursing home group
  • Health Care M&A and Governance
    • Mediation of post-acquisition disputes between buyer and seller of W. Va. hospital relating to hospital facilities, post-acquisition audit charges by Medicare, and penalties imposed by state regulator
    • Mediation of fraud case, involving sale of group of nursing homes, with litigation in State, Bankruptcy, and U.S. District Courts in Tennessee and Indiana; multiple parties included a major church conference
    • Arbitration concerning alleged breach of letter of intent relating to acquisition of assets of Florida urgent care clinic business
    • Several mediations and arbitrations involving sales of health care businesses
    • Dispute between two health insurers arising from sale of book of health insurance business, reinsurance agreement, and settlement of earlier claims
    • Mediation/facilitation (with co-mediator) of corporate governance issues among officers and directors of privately held health care company
    • Arbitration of business break-up dispute among owners of nutritional supplement business selling products that FDA determined to be illegal
  • Health Care Miscellaneous Business Disputes (technology and licensing, hospital management contracts, medical records, health care education, office leases, construction, etc.)
    • Mediation of contract dispute between major urban public hospital and medical records service provider
    • Arbitration case between developer and distributor of electronic medical records technology
    • Mediation of  dispute in New Orleans between local Hospital Service District and Hospital system which had contract to manage the District’s community hospital rebuilding following Hurricane Katrina
    • Mediation of licensing dispute between US and Canadian health care companies about distribution of wellness program in Africa, South America, Asia, and Western Europe
    • Mediation of landlord claims against physician group, withdrawn physician, and estate of deceased physician, as well as dispute among defendants over “key-man” life insurance proceeds
    • Arbitration of patent license dispute between pharmaceutical company and research university
    • Business dispute between managed care provider and membership services contractor
    • Mediation concerning termination of complex business arrangements between hospital and insurance consultants
    • Dispute concerning alleged theft of trade secrets concerning medical software
    • Mediation between national healthcare licensure testing organization and academic institution related to teaching of past test materials
    • Arbitration between private university and graduate health student concerning academic/conduct disciplinary action
    • Mediation of multi-party construction defect case arising from alleged defects in operating rooms of ambulatory surgery center
  • Health Care Payment and Reimbursement Disputes
    • Arbitration of reimbursement dispute between Medicaid managed care plan and New Mexico psychiatric hospitals
    • Arbitration between hospital and Medicaid payor concerning ER charges
    • Mediation of dispute between Texas hospital and several ERISA plans (and their TPA) about late payment issues
    • Mediation between Louisiana hospital service district and a Medicare managed care organization about various billing issues for a new hospital
    • Mediation of reimbursement dispute between Medicaid CMO and large national hospital group involving National Drug Code and GA Prompt Pay Act issues
    • Arbitration of claims by Washington, DC hospitals against Medicaid payer for underpayment and wrongful retroactive recoupment of reimbursement
    • Arbitration of claims against a major commercial payor brought by a contractor for services in implant cases
    • Arbitration in Texas of claims by radiology clinic against HMO/PPO for alleged late payment including claims for penalties under Prompt Pay statute
    • Other payment/reimbursement cases are listed under class actions and False Claims categories
  • Health Care Professional Liability and Product Claims
    • Mediations of numerous medical malpractice cases involving hospitals, nursing homes, doctors, nurses, a municipal detention facility, and other Health Care providers, including deaths and serious injuries and involving a wide variety of medical procedures; arbitrations of medical malpractice cases in Georgia, Alabama, Mississippi, and South Carolina
    • Fraud and RICO claims in Louisiana brought by asbestos manufacturer against doctors and union officials for allegedly providing false health information to obtain personal injury settlements; coverage issues related to physician medical malpractice insurance
    • Civil rights and medical negligence alleging wrongful death of detainee in municipal jail
    • Mediations of multiple (20 or more) death and injury claims in Georgia, South Carolina, Florida, and Alabama against publicly held nursing home provider; appointed by Bankruptcy Court
    • Drug and device product liability cases

Honors, Memberships, and Professional Activities

  • Recognized by Best Lawyers as one of the 2016 Best Lawyers in America for ADR
  • Co-Author, What Is…ADR in Health Care Disputes?, ABA Book Publishing (Health Law Section), 2015
  • Identified by The Best Lawyers in America as the 2015 Atlanta Arbitration Lawyer of the Year
  • Identified by The Best Lawyers in America as the 2012 Atlanta Mediation Lawyer of the Year
  • Included in the 21st Edition of The Best Lawyers in America in the practice areas of: Arbitration, Commercial Litigation, Health Care Law and Mediation
  • Named in International Who’s Who Legal, Mediation; Georgia Super Lawyers; and The Best Lawyers in America for several years
  • ABA, Dispute Resolution Section. Section Chair, 2010-2011; Officer or Member of Section Council, 2001-2012; Co-Chair, ABA Task Force on Improving Mediation Quality, 2006-2008; Drafting Committee, Model Standards of Conduct for Mediators, 2003-2005
  • Liaison from DR Section to ABA’s Ethics 2000 Commission (providing testimony on the Model Rules of Professional Conduct provisions relating to mediation and arbitration), 2000-2002; Chair, DR Section Ethics Committee, 1997-2002
  • Member, Georgia Commission on Dispute Resolution, 1997-2002, appointed by Supreme Court of Georgia
  • State Bar of Georgia, ADR Law Section. Chair, 2003-2004; Officer, 2000-2004; Executive committee, 2009-2012; Chair or Co-Chair, annual ADR Institute, 2000, 2003, planning committee, 2000-present; Atlanta Bar ADR Lawyers Section, past member, Board of Directors
  • Fellow, College of Commercial Arbitrators; Fellow, American College of Civil Trial Mediators
  • Adjunct Law School Professor, University of Georgia and Georgia State University, Alternative Dispute Resolution Courses, 1998-2004; guest presentations in ADR classes at GSU, Emory University, Mercer University, and John Marshall law schools
  • More than 100 speaking presentations to Bar and ADR professional groups in more than 20 states; faculty member ABA Annual Arbitration Institute, 2010-2012 (and Co-Chair, 2010); faculty member ABA Annual Advanced Mediation Institute, 2010, ’11, and ’13; dozens of articles and papers on ADR topics
  • Member, American Health Lawyers Association, Panel of Dispute Resolvers; US Institute for Environmental Conflict Resolution National Roster; CPR Panel of Distinguished Neutrals; Financial Industry Regulatory Authority (FINRA) Roster of Mediators
  • Fellow, American Bar Foundation; Fellow, Atlanta Bar Foundation
  • Principal Benefactor, JAMS Foundation

Background and Education

  • JAMS, ADR Neutral, 1998-present
  • Litigation Partner and Associate, Alston & Bird, 1981-1998
  • Law Clerk to Chief United States District Judge Charles A. Moye, Jr., United States District Court for the Northern District of Georgia, 1979-1981
  • J.D., cum laude, University of Georgia Law School, 1979; Georgia Law Review, Research Editor
  • B.A., with distinction, University of Virginia, 1976

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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