LAWSUIT EARNS $18 MILLION REFUND FROM DEPARTMENT OF HEALTH

O’Connell & Aronowitz has for the second time in 3 years recovered millions of dollars for independent and hospital-based clinical laboratories against the New York State Department of Health.
Senior healthcare litigator Jeffrey J. Sherrin, whose 2009 trial victory against DOH netted over $5 million, today won an $18 million refund for overpayment of fees charged to approximately 230 New York and out-of-state laboratories under the DOH Clinical Laboratory Evaluation Program (CLEP). Commenced in 2009, the lawsuit returned over half the fees assessed against the labs represented by Mr. Sherrin to pay for the costs of their regulation by the Department of Health.
With this most recent successful outcome in a series of litigations over these fees that dates back to 1984, Sherrin expressed gratitude to the State of New York. “Even in difficult financial times, the State recognized the need to make laboratories whole and found the monies to do so.”
Settled shortly before the setting of a trial date, the action was commenced after DOH failed to revise their accounting and billing practices to limit the charges to those allowable by law. “Hopefully this brings an end to the need for these lawsuits,” Sherrin commented.
American Association of Bioanalysts Administrator Mark S. Birenbaum, PhD., whose members were plaintiffs along with Healthcare Association of New York State, among others, remarked, “We are glad our members are able to recover fees that were wrongly charged to them.”
President of O’Connell & Aronowitz, Mr. Sherrin is an accomplished litigator for healthcare, commercial and employment matters. His national health law practice principally represents providers and their trade associations.
Ranked in 2013 “Best Law Firms” by U.S. News Media Group, O’Connell and Aronowitz has more than 35 attorneys and offices in Albany, Saratoga and Plattsburgh providing a broad range of legal services to businesses and individuals throughout the country. If you have questions about the Firm or its services, please contact Mr. Sherrin at (518) 462-5601.