CAVENDER C. "CHRIS" KIMBLE is a Partner in the firm’s Litigation section and is the Chairman of the Healthcare Litigation Practice Group. He maintains a regional practice that is devoted primarily to litigation of healthcare-related issues, including class actions, multi-district and other actions involving managed care liability, RICO, insurance disputes, arbitration, medical malpractice, ERISA disputes, insurance fraud and abuse, False Claims Act, any willing provider laws, medical, drug and device liability, antitrust, contract disputes and federal and state-regulated insurance programs. Mr. Kimble also maintains an active counseling practice in the area of preferred provider organizations, provider networks, provider network membership issues, False Claims Act, health care contracting and insurance fraud and abuse. Mr. Kimble also is engaged in a general litigation practice that includes defense of personal injury claims, consumer finance litigation and general business litigation. Prior to joining Balch & Bingham LLP, Mr. Kimble practiced in the Phoenix, Arizona office of Winston & Strawn. He is licensed to practice law in Alabama, Georgia and Arizona.

Mr. Kimble has experience in a variety of class actions in state and federal courts for third party payors and providers involving sale of Medicare supplements, any willing provider laws, application of benefits, application of coverage exclusions and provider contract reimbursement. He has tried a RICO case to a defense verdict before a federal court jury. He also has experience in a variety of antitrust lawsuits and multi-district litigation.

Mr. Kimble has spoken at various healthcare and insurance seminars on ERISA managed care liability, False Claims Act, HIPAA, insurance, arbitration and general litigation topics. He serves on the Board of Trustees of the Leukemia and Lymphoma Society of Alabama and the Board of Governors of the BAC Air Safety Foundation.

Representative Cases

• • [Doctor] v. [Medical Center]; United States District Court for the Northern District of Alabama - defense of antitrust lawsuit to prevent termination of staff privileges following peer review.
  • Gay v. Cobb Medical Associates, State Court of Fulton County, Georgia - medical malpractice involving bariatric surgery;
  • Entrekin v. Great Oaks Management, LLC, et al, Circuit Court for Limestone County, Alabama – medical malpractice involving spontaneous hip fracture.
  • Freeman v. Merrill Gardens, et al., Circuit Court for Marshall County, Alabama – medical malpractice alleging neglect in assisted living facility.
  • Dill v. Blue Cross and Blue Shield of Alabama; Circuit Court for Pickens County, Alabama – dispute over private duty nursing/case management benefits.
  • Hobbs v. Blue Cross and Blue Shield of Alabama; Circuit Court of Montgomery County, Alabama – multi-state provider class action over reimbursement of physician assistants.
  • Heffner v. Blue Cross and Blue Shield of Alabama; United States District Court for the Middle District of Alabama – multi state class action over a calculation of insurance deductibles.
  • Chamberlin v. Blue Cross and Blue Shield of Alabama; Southern District of Alabama – multi-state class action over insurance benefits for routine mammography.
  • Blue Cross Blue Shield of Alabama v. Crestline Chiropractic; United States District Court for the Northern District of Alabama – RICO claim against healthcare provider for fraudulent claims.
  • Coggin v. Sandoz; Circuit Court for Jefferson County Alabama – medical products liability.
  • Singh v. Sandoz; Circuit Court for Jefferson County Alabama – medical products liability.
  • McClain v. Metabolife; United States District Court for the Northern District of Alabama – herbal supplement product liability.
  • McFillin v. United Healthcare of Alabama, Inc.; United States District Court for the Southern District of Alabama – lawsuit over failure to approve experimental treatment for breast cancer.
  • Bester v. United Healthcare of Alabama, Inc.; Circuit Court for Jefferson County Alabama – Medicare Choice fraud dispute.
  • Price v. United Healthcare; United States District Court for the Middle District of Alabama – lawsuit over fraudulent employer group.
  • Bourland v. United Healthcare of Tennessee, Inc.; Chancery Court for Shelby County, Tennessee – provider reimbursement class action.
  • Jackson v. Evercare; State Court of Fulton County, Georgia – medical malpractice claim against nurse practitioner.
  • Hutchinson v. Evercare; State Court of Fulton County, Georgia – medical malpractice claim against nurse practitioner.
  • Women’s Medical Specialist v. United Healthcare; United States District Court for the Northern District of Georgia – provider reimbursement class action later transferred to MDL.
  • Fine v. Wausau Ins. Co., et al.; Circuit Court for Jefferson County, Alabama – lawsuit over alleged illegal multi-employer welfare arrangement.
  • Duke v. Wausau Ins. Co., et al.; United States District Court for the Northern District of Alabama – lawsuit over alleged illegal multi-employer welfare arrangement.
  • Shelby Ridge Nursing Home v. Blue Cross and Blue Shield of Alabama; AAA Arbitration --Medicare Advantage provider dispute.
  • Dick v. Blue Cross and Blue Shield of Alabama; Circuit Court for Jefferson County, Alabama – lawsuit over termination of preferred provider status.
  • Health Services Review, Inc. v. Blue Cross and Blue Shield of Alabama; Circuit Court for Jefferson County, Alabama – anti-trust lawsuit over exclusivity of medical review.
  • Wool v. Blue Cross and Blue Shield of Alabama; In the Circuit Court for Elmore County, Alabama – anti-trust lawsuit over denial of preferred provider status.
  • Blue Cross and Blue Shield of Alabama v. Neilsen; United States District Court for the Northern District of Alabama – defendant class action contesting applicability of any willing provider statute.
  • Hayden v. Blue Cross and Blue Shield of Alabama; United States District Court for the Middle District of Alabama – class action lawsuit to require reimbursement of CRNA’s.
  • Forland v. Blue Cross and Blue Shield of Alabama; Woodruff v. Blue Cross and Blue Shield of Alabama; Circuit Court for Mobile County, Alabama – companion class actions over issuance of Medicare supplement policies to Medicaid recipients.

PROFESSIONAL ACTIVITIES

• • Best Lawyers in America, 2007, 2008
  • Alabama Super Lawyers, Inaugural 2008 Edition
  • American Bar Association, Health Law Section
  • Treasurer, Alabama State Bar Health Law Section
  • American Health Lawyers Association
  • Defense Research Institute
  • Dispute Resolver, American Health Lawyers Association
  • Past Co-Chair, Managed Care Subcommittee of the ABA Health Law Section

  

COMMUNITY RELATIONS

• • Captain, Civil Air Patrol
  • Board of Trustees, Leukemia and Lymphoma Society of Alabama
  • Board of Governors, BAC Air Safety Foundation.
  • Work with foreign exchange students through the Academic Year in America program.

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