Law School Education:    Indiana University School of Law (now I.U. McKinney Law School)  1979

Admitted to Practice:      Indiana Supreme Court, United States District Court for the Southern and Northern Districts of Indiana, Seventh Circuit Court of Appeals, Third Circuit Court of Appeals, United States Supreme Court and Admitted Pro Hac Vice in U.S. District Courts outside the State of Indiana

AV Preeminent Rating by Martindale Hubbell      

DISABILITY INSURANCE CLAIMS & LAWSUITS

Disabling Conditions

            My clients have suffered disabling conditions, including but not limited to, aneurism(s),  cancer, carpel tunnel, connective tissue disease, heart disease, migraine headaches, muscular skeletal conditions, narcolepsy, neurological injuries, neuropathies, orthopedic injuries, psychiatric illnesses (addictions, anxiety, bipolar disease, chemical dependency, depression, and other mental health conditions), pulmonary disease, shoulder injury(ies), sleep apnea, sleeping disorders, tumors, visual impairments and other conditions. 

Claims and Actions Against Disability Insurance Companies

            During the past thirty years, I have represented disabled persons through all aspects of their claims and litigation.  My representation has involved claims and/or lawsuits against many disability insurance companies, including but not limited to, American United Life, Aviva Life and Annuity Company, Cigna, Dearborn National, General American Life Insurance Company, Guardian Life Insurance Company, The Hartford, Indianapolis Life Insurance Company, Jefferson Pilot Life Insurance Company, Lincoln National Life Insurance Company, Life Insurance Company of North America, MetLife, Monarch Life Insurance Company, Northwestern Mutual, Paul Revere Life Insurance Company, Principal Financial Group, Reliance Standard Life Insurance Company, Sun Life Assurance Company of Canada, The Standard Insurance Company, Unum, Unum Provident Life Insurance Company and others.

Individual Policies Versus Group Disability Policies

            There are two general types of disability coverage – individually owned policies and group disability policies.  An individually owned policy is governed by state law.  State law primarily consists of case law from each particular state which interprets the policies.  A group disability policy is governed by the Employment Retirement Income Security Act (ERISA).  ERISA is a complex body of federal law.  The remedies and procedures which control individual and group disability policies vary substantially.  In my experience, disability insurance companies are represented by attorneys whose practices focus on representing disability insurance companies and have substantial experience in defending disability insurance claims.  Effective representation of an individual contemplating or pursuing a disability insurance claim requires knowledge and experience in disability insurance law.

LICENSURE MATTERS

            I have represented numerous professionals before the Indiana Professional Licensing Agency (“IPLA”), particularly, physicians before the Medical Licensing Board of Indiana (“MLB”).  Physicians may confront a number of issues which may cause them to appear before the MLB, including positive answers to their renewal application, consumer complaints or disciplinary complaints.  My experience before the MLB and other IPLA Boards includes representing professionals convicted of crimes, drug and alcohol matters, sexual matters and nearly all types of matters regularly heard before the MLB.

            My representation includes appealing adverse decisions from the MLB to the Marion Superior Courts and the Indiana Court of Appeals.  In one case, I represented an Indiana physician whose license was revoked and successfully reversed the MLB’s decision setting aside his license revocation on constitutional grounds.  See, Jeter v. Medical Licensing Board of Indiana, 959 N.E.2d 933 (Ind. Ct. App. 2010).  This is one of very few cases where the MLB was reversed.

PEER REVIEW MATTERS

            Experience representing physicians before all stages of a hospital’s peer review process, including fair hearings and obtaining court orders mandating a hospital to void its report to the National Practitioner Data Bank (“NPDB”).  I have experience representing physicians against hospitals and surgery centers where actions have been tainted with false information, violated federal anti-discrimination laws and violations of peer review confidentiality.

ADDITIONAL REPRESENTATION

            I have regularly represented physicians and other professionals as whistleblowers under the Federal and State False Claims and the Whistleblower Protection Act.

            I represented Judith A. Robinson, M.D., a highly respected OB/GYN, as initiating attorney and co-counsel, in a whistleblower (qui tam) action on behalf of the United States of America and State of Indiana in United States of America and State of Indiana, ex. rel. Dr. Judith Robinson v. Indiana University Health, Inc., f/k/a, Clarian Health Partners, Inc., and HealthNet, Inc., United States District Court, Case No. 1:13-cv-2009, based upon multiple violations, including violations of the Anti- Kickback Statutes.  In April 2017, a portion of the case settled for $18,000,000.00.

            I represent medical professionals in employment matters, contract disputes, separation agreements (with employers), disputes arising from interests in surgery centers, endoscopy centers and employment related investments.