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Patrick C. Finnegan
Member of the Firm
Patrick specializes in complex litigation and has a wide-ranging civil practice that includes personal injury and wrongful death actions, product liability, civil rights claims brought under 42 U.S.C. § 1983, commercial litigation, and appellate work. Patrick is also a federal criminal defense attorney with extensive experience in white collar matters and internal investigations. Over the last decade, much of Patrick’s practice has been devoted to civil, regulatory, and criminal matters arising in the health care field.
Patrick and his wife, Gina, moved to Mobile from New York in part because of the beauty of the city’s architecture. Patrick is past president of Restore Mobile, an organization dedicated to preserving and reviving Mobile’s historic neighborhoods. Patrick and Gina have two children.
Areas of Focus
- Complex Litigation
- Health Care Litigation
- Catastrophic Injury & Wrongful Death Litigation
- Commercial Litigation
- Product Liability Defense
- Mass Tort, Multi-District & Class Action Litigation
- Medical Device & Pharmaceuticals Litigation
- Federal Criminal Defense
- Internal Investigations
- Appellate Practice
In his quarter century as a litigator, Patrick has developed a particular expertise with complex cases, including False Claims Act and RICO lawsuits. He has represented clients in a broad range of matters, including catastrophic injury and wrongful death actions, product liability cases (including multidistrict litigation involving pharmaceuticals and medical devices), insurance disputes and commercial litigation of all kinds.
Patrick is also a federal criminal defense attorney and has been involved in a wide array of criminal matters, including cases involving public corruption, environmental law violations, insurance fraud, antitrust, and securities fraud and other financial matters. He has represented clients at all stages of criminal proceedings from the investigation phase through indictment, pretrial motions and hearings, trial, and appeal. His successes include assisting clients under criminal investigation to avoid charges and adverse publicity. He has also conducted internal investigations for corporate clients in a broad spectrum of industries, including health care, manufacturing, engineering, and finance.
Patrick has great expertise in health care matters. He has represented physicians, pharmacists, and other health care clients in all manner of civil, regulatory, and criminal investigations and proceedings, including matters pursued by the United States Department of Justice; the DEA, FBI, and other law enforcement agencies; Medicaid Fraud Control Units; and state licensing boards. He has extensive experience assisting the targets of False Claims Act investigations and lawsuits, including qui tam and retaliation claims brought by whistleblowers. He has worked with numerous clients in responding to Civil Investigative Demands served by the federal government. He has handled many cases involving allegations of Medicare and Medicaid fraud, the Stark Law and the Anti-Kickback Statute, and has helped clients successfully work through the Self Disclosure Protocol of the OIG of the Department of Health and Human Services.
In every representation, whether the case is straightforward or complex, civil or criminal, Patrick keeps his focus on what is best for his client. He ensures clients fully understand all the legal strategies available to them, and the pros and cons of each option, factoring in not only potential legal consequences but also business concerns and other important client considerations. His objective always is to obtain the best outcome for his client as efficiently as possible.
Education
- Fordham University School of Law, J.D., 1995
- Queens College, B.A. (Political Science), 1990
- National University of Ireland, Galway, B.S. (Biochemistry), 1982; post-graduate diploma in computer systems, 1983
Professional Recognition
- Martindale-Hubbell Rating: AV Preeminent
Bar & Court Admissions
- Alabama
- New York
- United States Court of Appeals for the Eleventh Circuit
- Southern, Middle and Northern Districts of Alabama
- Southern and Eastern Districts of New York
- After winning dismissal of most the plaintiff’s claims on motion to dismiss, reached favorable settlement in False Claims Act lawsuit against physician practice alleging overutilization, unnecessary medical procedures, and Anti-Kickback Law violations
- Represented specialty pharmacy being investigated by Mississippi Medicaid Fraud Control Unit. No action taken against client.
- In mediation with the government before the qui tam complaint was unsealed, reached favorable settlement of False Claim Act lawsuit against physician practice that included claims under the Stark Law, Anti-Kickback Statute, for alleged breach of numerous Medicare and Tricare regulations and retaliation.
- Represented client targeted in connection with large scale federal criminal investigation of alleged bid-rigging scheme in violation of the Sherman Act that led to over a dozen convictions. Client was not charged.
- In multiple separate cases, assisted health care industry clients respond to investigations by the Drug Enforcement Agency’s Diversion Control Program
- In multiple separate cases, conducted internal investigations for health care providers concerning possible fraud by physicians and other employees.
- Achieved favorable resolution for health care client facing substantial potential exposure under CMS’s 60-Day Overpayment Rule and Monetary Penalties Law by successfully utilizing Self Disclosure Protocol of the Department of Health and Human Services Office of the Inspector General.
- Won dismissal of products liability lawsuit in the Circuit Court of Tuscaloosa County, Alabama, on behalf of defendant pharmaceutical manufacturer and pharmacy company. On eve of court hearing on defendants’ motions for summary judgment, plaintiff voluntarily dismissed lawsuit rather than respond to motions.
- Won dismissal of product liability action against contact lens manufacturer in the United States District Court for the Southern District of Alabama.
- In mediation and arbitration of Alabama derivative lawsuit filed in the Circuit Court of Baldwin County, Alabama, won full ownership of limited liability company for client in dispute with partner who formerly owned fifty percent interest in company.
- Reached favorable settlement for overseas manufacturing company in multi-defendant wrongful death case resulting from industrial accident.
- Represented investor in FINRA arbitration against national brokerage firm and broker who had engaged in unauthorized trading and churning on investor’s account and recovered client funds in settlement.