Michael P. Foley

Recent Litigation (2017 – Present)

• Obtained a unanimous jury defense verdict on behalf of interventional cardiologist and cardiothoracic surgeon in a wrongful death action brought by patient’s family.
• Obtained Summary Judgement of a Class Action against hospital facility and insurer for destruction of medical records.
• Successfully briefed and argued in the 10th Circuit Court of Appeals a multi-million dollar trial court verdict in a medical malpractice case which resulted in a reversal and remand for a new trial.
• Obtained a unanimous jury defense verdict on behalf of interventional radiologist involving a stroke patient in a wrongful death case in Jefferson County Colorado.
• Obtained a unanimous jury defense verdict on behalf of neurosurgeon involving complications from a decompressive laminectomy.
• Representation of multiple nurses and hospital in multi-week Federal trial concerning misdiagnosis of compartment syndrome.
• Represents medical device manufacturer in the region for product liability claims.
• Represented welding rod manufacturer as coordinating counsel in nationwide product liability action.
• Successfully defended wood product manufacturer in wood dust exposure litigation.
• Represents health care facility in a mass tort litigation involving claims against Physician and multiple health care facilities for allegations of medical negligence, negligent credentialing, fraud, and violations of state RICO.
• Obtained a dismissal on behalf of physician and medical facility claiming violations of RICO and the False Claims Act. Plaintiff/relator never appealed.
• Representation of health care provider in bid protest against Air Force in Federal Court of Claims regarding unlawful exercising of option contract resulting in court finding in favor of contractor against Air Force.
• Obtained a dismissal on behalf of a regional medical facility in litigation claiming violations of False Claims Act and Anti-Kickback Act.

Experience prior to 2017 available upon request