Health Law and Policy

In the U.S. Supreme Court, Mr. Sorgen was counsel of record in a significant health care case, enjoining California=s draconian cuts in Medicaid payment rates, Douglas v. Santa Rosa Memorial Hospital, 132 S. Ct. 1204 (2012).  The case was argued October 3, 2011, resolved in our favor 5-4 on March 26, 2012 and remanded to the federal appellate court.

In Children’s Hospital v. Belshe, 188 F.3d 1090 (9th Cir. 1999), the federal court invalidated the California reimbursement system for out-of-state hospitals treating California Medicaid patients. The San Francisco Superior Court awarded retroactive reimbursement, interest, and attorneys= fees totaling $8 million. The Court of Appeal affirmed in Children’s Hospital v. Bonte, 97 Cal.App.4th 740, 118 Cal.Rptr.2d 629 (2002) finding both that California’s reimbursement system discriminates and thereby violates the Interstate Commerce Clause and that the award of attorney=s fees was fully warranted. ¬†Plaintiffs collected $8.5 million in August 2003 and another $5.5 million soon thereafter, while forcing the State to reform its reimbursement system.

In Singer v. Regents, (1997) WL 34594173, the California Court of Appeal reinstated a jury verdict assuring inventors of the MRI a fair royalty based on their content with the University. In similar cases, the parties resolvea disputes as to inventors’ proprietorship and value of a patent, Kucharzyk v. Novartis, (2000) and protected the rights of a UCSF researcher who discovered a key method to detect glaucoma, Nguyen v. Regents, (2004).