AZA Victorious in $62 Million TeamHealth Trial Against Insurance Giant United Healthcare
LAS VEGAS – In a closely watched trial, a Nevada jury handed AZA client TeamHealth yet another trial victory on behalf of underpaid emergency room doctors, this time with a?$62.65 million award?against United Healthcare, the largest insurer in the nation.?
The?seven-week?trial?put?several?Las Vegas?area ER?physicians?groups?up?against a?cluster?of United Healthcare affiliates.?The?jury found that the insurers cheated the?doctors?groups out of more than $2.65?million in payments?and?also?awarded?$60 million?in punitive damages.?TeamHealth plaintiffs will also seek attorney’s?fees.??
The?lawsuit is one of many TeamHealth?affiliates?have?filed against various insurers across the country to stop systematic underpayment of ER?doctors?groups by insurance companies.?AZA has already won?two?other jury trials?for TeamHealth doctors in several states?and settled?a handful of?other?cases.?This Nevada win against the largest U.S. insurer could be a bellwether for the more than two dozen?similar cases around the nation against various insurers.?
“United Healthcare got greedier and greedier and designed ways to not follow their own plan?documents?and?brazenly?pay these essential emergency room doctors less and less,” said AZA co-founder?John Zavitsanos, the lead?lawyer on the case. “United just paid what it wanted to,?not what it promised to,?and not what it owed as reasonable and customary.”?
In the second phase of the case?to?determine?punitive damages, Mr. Zavitsanos?told?jurors to consider how reprehensible the insurers’ actions?were and?to speak loudly enough with their verdict to create a deterrent.?
The jury found the insurance affiliates?liable for?unjust enrichment,?breach of contract?and unfair insurance practices.?The court had?ruled that the insurers willfully hid evidence in this case.?See TeamHealth’s?“Nevada Trial Culminates with Jury Ordering UnitedHealthcare to Pay TeamHealth Doctors $60 million in Punitive Damages.”
AZA co-founder?Joe Ahmad?told jurors in?closing arguments?that the ER doctors he?represents?do not?just?think about money like the insurance company?claimed.?He?noted?that if you’ve been in an ER you know?“people?that just?think about money go into another line of work. People that just think about?money go into another line of?business?… another specialty.”???
The AZA team also included?partner?Jane?Langdell?Robinson; Of Counsel?Kevin Leyendecker; and?associates?Michael Killingsworth,??Louis?Liao,?and?Jason?McManis.?Local counsel was Pat Lundvall of the Las Vegas firm McDonald?Carano.?Florida?attorney?Justin Fineberg of Lash and Goldberg was on the legal team. And?Carol Owen, TeamHealth’s chief counsel for commercial litigation, also played a significant role.?
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TeamHealth is the nation’s largest clinical practice. It operates in 47 states, contracts with 16,000 healthcare professionals and treats 30 million patients annually.?
The two sides agreed on at least one thing – that the case would have repercussions. Coverage of the trial included the Associated Press’?Nevada jury: Health insurers owe ER doctors $60M in damages??and?Nevada jury says health insurer undercut ER reimbursements.?See also?Texas Lawbook?stories?(subscription required)?UnitedHealthcare Hit with $60M Punitive Verdict in Nevada Suit by ER doctors,??“Vegas Jury Awards TeamHealth Millions, Says ‘Yes’ to Punis,”?“TeamHealth Trial: A Threat, A Delay, A Juror Down”?and?“AZA Begins Next TeamHealth Trial in Sin City”?.?
The case is?Fremont Emergency Services (Mandavia), et al. vs. UnitedHealth Group, Inc.?et al.?before?Clark County?Judge Nancy L.?Allf?in the Eighth Judicial District Court of Nevada, case?A-19-792978-B.?
The plaintiffs were Fremont Emergency Services serving the Las Vegas area, Ruby Crest Emergency Medicine?providing?emergency services in Northeastern Nevada (Elko), and Team Physicians in Fallon.?
The defendants were United Healthcare?or UnitedHealth Group, Inc?and affiliates Sierra Health Services, Health Plan of Nevada, Oxford Health Plans and United Medical Resources,?both of Delaware.?
AZA, or Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., is a Houston-based law firm that is home to true courtroom lawyers with a formidable?track record?in complex commercial litigation, including energy, healthcare, intellectual property, and business dispute cases. AZA is recognized by Chambers USA 2021 among the best in Texas commercial law and intellectual property; by U.S. News – Best Lawyers’ Best Law Firms as one of the country’s best commercial litigation firms for nine years running; has been named Litigation Department of the Year by Texas Lawyer; and was previously dubbed by Law360 a Texas Powerhouse law firm. National corporate counsel named AZA one of the country’s best in client service among law firms serving the Fortune 500. ?
Great job, as always!
Human Resources Market Director
3 年Congrats
Attorney at G A Flores, Attorney
3 年Congratulations on a job well done!
Partner at Wauson & Probus
3 年Congratulations
So Impressive...not just the cutting edge decisions you win...but the depth and many extra hours the work you put in to make it so