Curtis E. von Kann has mediated, evaluated, and arbitrated a wide variety of healthcare disputes involving multiple private and governmental parties. He is an approved neutral for the American Health Lawyers Association. Because of his expertise concerning alternative resolution of healthcare disputes, Judge von Kann has been selected to make presentations on various ADR topics to the ALI-ABA Annual Conference on Healthcare Law and Litigation.
Representative Matters
- Hospital Contract with Anesthesiologists. Mediation of disputes between hospital and independent anesthesiologist practice group incident to hospital’s decision to terminate group’s contract and use only anesthesiologists employed by hospital
- Hospital Supply Contract. Mediation of claim by hospital supply company that hospital’s early termination of contract was unjustified
- Insurance for Managed Care Provider. Mediation of $50 million claim by leading managed care provider against its liability insurer for partial reimbursement of sums paid to settle national class action brought against provider by subscribers alleging improper denials of healthcare claim. When parties were unable to reach settlement, they agreed to accept Judge von Kann’s determination of a reimbursement amount between specified minimum and maximum figures.
- Medical Malpractice. Mediation and arbitration of multiple cases alleging various forms of dental and medical malpractice
- Medicare Fraud. Mediation of Department of Justice’s claims against large healthcare provider for compensatory damages and civil penalties under False Claims Act and claims of Department of Health and Human Services for debarment of provider from Medicare program
- Medicare Reimbursement. Neutral case evaluation of $160 million of claims and counterclaims between Health Care Financing Administration and two national group health insurers concerning provisions of the Medicare as Secondary Payer Act
- Negligence of Group Home Supervision. Mediation of claim that home care agency was negligent in hiring and supervising employee who sexually assaulted retarded resident in group home
- Pharmaceutical Shipments. Mediation of claims for civil penalties brought by U.S. Drug Enforcement Agency against major pharmaceutical company for allegedly violating the Uniform Controlled Substances Act on thousands of occasions in connection with shipments of certain restricted medical drugs
- Separation of Physician from Practice Group. Arbitration of claim by physician that his separation from medical practice group violated the terms of the group’s Shareholders Agreement
- Termination of Hospital Manager. Mediation of claim by senior manager that hospital’s termination of her employment violated her employment contract and the Americans with Disabilities Act
