Tanya M. Maerz Play Audio Recording of Name Pronunciation

Healthcare

• Obtained complete defense verdict after week-long trial where patient alleged neurological injuries and brain injury as a result of anesthesia care provided to him.
• Defeated insurance company's challenge to the handling of prescription drug guarantees and 340B claims under pharmacy benefit management agreement.
• Achieved full dismissal of claims brought against pharmacy benefit manager due to ERISA preemption.
• After several years of litigation and targeted discovery, obtained full voluntary dismissal of plaintiffs' claims of improper dispensing of prescription drugs due to plaintiffs' conduct discovered throughout the course of the case.
• Negotiated favorable resolution of claims against a skilled nursing facility by utilizing key documents and investigation to highlight plaintiff's and family's own conduct contributing to result.
• Procured favorable settlement when audit revealed pharmacy engaged in numerous business practices that violated its provider agreement with pharmacy benefits manager. Parties agreed to resolve dispute, and client secured consent judgment for full outstanding balance plus interest as security if pharmacy defaults on its payment obligations.
• Won arbitration award for pharmacy benefits manager in action to recover money for fraudulent claims submitted by pharmacy.
• Achieved full dismissal of mail order pharmacy from case alleging improper dispensing of prescription drugs based on admissions obtained during doctor's deposition.
• Defeated former network pharmacy's request for preliminary injunctive relief that would have forced client to recontract with pharmacy after client learned that pharmacy's actions knowingly breached contract.
• Obtained a successful jury verdict for a skilled nursing facility in a wrongful death suit. An 88-year-old resident had fallen while unattended in her room. She suffered a fractured leg, wounds, and infection, and passed away three months later. The plaintiff--the resident's daughter--alleged that the injuries and death were due to inadequate staffing, lack of oversight and poor care, and sued for $1.8 million. After a week-long trial, the jury returned a complete defense verdict in the facility's favor.
• Obtained several favorable results in administrative hearings on behalf of skilled nursing facilities.
• Successfully protected healthcare client from a multi-million dollar demand by strategic dismantling of threatened litigation allegations before filing.
• Resolved medical board matter with a complete dismissal and no action taken against the client.

Commercial Disputes

• Successfully challenged potential TCPA suit prior to litigation based on pursing targeted investigation into allegations showing potential plaintiff could not succeed.
• Negotiated favorable settlement and legal fees for international packaging company in federal court involving claims of breach of contract, unjust enrichment and declaratory judgment action.
• Secured favorable resolution for commercial client in litigation involving a post-closing dispute concerning a multimillion-dollar asset purchase agreement.
• Obtained favorable resolution for business client in litigation stemming from former member's misuse of company information.
• Counseled medical technology company through negotiations with European manufacturer to resolve multiple complex and sensitive disputes under foreign law while preserving ongoing business relationship.

Other

• Secured significant win from the Missouri Supreme Court affirming state law that barred eminent domain condemnations “for solely economic development purposes.”
• Obtained summary judgment on behalf of pro bono client in federal civil rights case alleging client and other defendants failed to train, monitor and supervise police officer who engaged in activities that violated plaintiffs' civil rights. Client was dismissed on basis of quasi-judicial immunity and on the merits before a trial that resulted in multimillion-dollar verdict against remaining parties.