Michael W. Horner

Mike represents tertiary and community hospitals, healthcare systems and physician practice groups in matters involving medical malpractice, health information technology, Medicaid (RAC) appeals, patient dumping, HIPAA, peer review, opioid administration, among other matters encountered by the healthcare industry.  

Mike’s practice frequently involves the defense of insured and self-insured local, national and multinational companies facing potential exposure in the millions of dollars for injuries ranging from death, traumatic brain injury, quadriplegia, paraplegia, loss of limb, property loss and business interruption. He also has significant experience litigating cases involving product recalls. Mike's catastrophic loss practice often involves assembling a trial-tested team of catastrophic loss lawyers and trying or mock trying the case on short notice.  

Mike has significant experience litigating a wide variety of employment-related disputes involving age, gender, disability and race discrimination, non-compete and restrictive covenants and fraud in state and federal courts and agencies in New Jersey and Pennsylvania. He has tried multiple employment disputes to jury verdict and obtained temporary restraining orders and permanent injunctions in several jurisdictions related to non-compete and confidentiality matters.

• Handled over 25 Recovery Audit Contractor (RAC) Medicaid appeals to New Jersey’s Medicaid Fraud Division of the Comptroller’s Office involving disputes related to inpatient care for two community hospitals.
• Represented subcontractor employer of catastrophically injured plaintiff against multiple contractual indemnity claims in a case involving a fall from height at a construction site involving New York’s Labor Law. Retained after 10 years of litigation and conclusion of fact discovery. Case settled after our development of forensic engineering expert evidence diverting liability to non-indemnitee parties. (Supreme Ct. of N.Y, N.Y. County)
• Represented international sporting goods manufacturer in a product liability action involving a youth aluminum baseball bat that allegedly permitted dangerous batted ball speeds. The Plaintiff was a 12-year-old male pitcher hit in the chest with a batted ball causing commotio cordis (extremely rare condition whereby heart stops) and subsequent catastrophic brain injury. Settled on the eve of trial after mediation and mock trial. (Superior Court of N.J., Passaic County)
• Represented an international engineering/construction services company in a construction site accident case where an ironworker alleged traumatic brain injury after being struck by a knuckle boom crane. Retained ten days before trial with a $10 million demand. Filed five motions in limine, retained and served five expert reports (lifecare, economics, vocational, life expectancy and liability) and joined subcontractor employer for contractual indemnity all within ten days. Case settled for $1.5 million (partially structured and less than half economic damages) after four days of trial. (Superior Ct. of N.J., Middlesex County)
• Represented civil engineering company against allegations of improper traffic detouring in a construction zone in a case involving a bicycle/motor vehicle accident resulting in catastrophic brain injury of a minor. Retained after seven years of litigation and with discovery completed and trial imminent. Case settled at mediation after our expert development of causation and damages defenses. (Supreme Ct. of N.Y, N.Y. County)
• Represented regional manufacturer of industrial equipment in wrongful death action in which baler crushed decedent; favorable settlement for client prior to significant discovery. (U.S. District Court for Southern District of New York)
• Represented professional power boat racing driver in spectator accident in the Chesapeake Bay involving multiple plaintiffs, including one fatality of a minor. Case settled at mediation. (U.S. District Court for Maryland)
• Represented local hotel owner/operator in wrongful death/survival action and traumatic brain injury premises liability action involving four-story fall through hallway window in Atlantic City hotel; retained as lead counsel less than two months before initial trial date; favorable settlement for client after approximately two weeks of trial. (Superior Court of N.J., Camden County)
• Represented regional real estate broker and obtained summary judgment in breach of contract and emotional distress case brought by former independent agent. (Superior Court of N.J., Burlington County)
• Represented multinational residential furniture retailer/manufacturer in product liability case which arose from death of three-year-old female; retained as lead counsel after discovery; favorable settlement at mediation for client. (Court of Common Pleas, Philadelphia County)
• Represented nationwide retailer and garage door opener manufacturer in product liability case where four-year-old plaintiff was rendered a spastic quadriplegic when she was trapped beneath a garage door. (U.S. District Court for the Western District of Pa.)
• Represented nationwide energy supplier in premises liability case in which a 30-year-old plaintiff medical student suffered debilitating spinal injuries; retained as lead counsel after discovery and one-month prior to trial; high-low agreement secured favorable settlement for the client after a four-week jury trial. (Court of Common Pleas, Philadelphia County)
• Represented board of education in a fatal bus accident case involving a two-year-old pedestrian girl; retained as co-counsel at conclusion of discovery and obtained favorable settlement for client on eve of trial. (Superior Court of N.J., Middlesex County)
• Represented nationwide industrial manufacturer of packaging equipment in a product liability case in which 29-year-old forklift operator sustained spinal injuries rendering her wheelchair-bound; retained as lead counsel and obtained favorable settlement for client on first day of trial. (Court of Common Pleas, Westmoreland County, Pa.)
• Represented nationwide trucking company in fatal commercial trucking accident involving deceased physician; retained as co-counsel near the conclusion of discovery and obtained favorable settlement for client on eve of trial. (Superior Court of N.J., Essex County)
• Local counsel for a nationwide tire distributor in class action alleging defective Chinese manufactured tires; client dismissed without payment. (U.S. District Court for District of N.J.)
• Local counsel for a multinational motor vehicle manufacturer in class action for alleged defective seatback mechanisms; client dismissed on summary judgment. (Superior Court of N.J., Camden County)
• Obtained defense jury verdict for local franchise of nationwide cleaning company in case involving disability discrimination. (Superior Court of N.J., Gloucester County)
• Obtained defense jury verdict for multinational transportation company in Family and Medical Leave Act case based upon pregnancy discrimination. (U.S. District Court for Eastern District of Pa.)