Leah M. Gerbitz

Chattanooga

P: 423.785.8372 | F: 423.321.1519

leah.gerbitz@millermartin.com

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  • Overview
  • Experience
  • Education
  • Involvement
  • In-Depth
  • Overview

    Leah Gerbitz, co-chair of the firm’s Privacy & Data Security Group, practices in the area of civil litigation with an emphasis on healthcare, data security and products liability. She has handled diverse complex litigation matters, and she has tried multiple cases to verdict in state and federal courts. The cases Leah has represented include issues regarding False Claims Act fraud and abuse, HIPAA/HITECH, healthcare credentialing/peer review, healthcare risk management and general liability, data security and privacy, data breach response, product liability/mass tort defense, business litigation and personal injury. Leah served on the firm’s Policy Committee from 2008-2010.

  • Experience

    • Represented national skilled nursing facility provider in defense of False Claims Act qui tam litigation.
    • Obtained $7.2 million jury verdict for Plaintiff who sustained spinal cord injury from participating in fraternity sponsored slip-n-slide recruitment event.
    • Represented behavioral health provider in defense of False Claims Act qui tam litigation; successfully resolved civilly with 5 year CIA.
    • Extensive work with healthcare providers, health insurance companies, and medical staff leaders regarding credentials and privileges, peer review matters, due process hearings and related litigation.
    • Represented health insurance company with regard to significant data breach involving protected health information.
    • Represented a publicly-traded consumer products company as part of a team defending hundreds of pharmaceutical products liability cases filed in multiple state and federal jurisdictions, including two multi-district litigations In Re Phenylpropanolamine ("PPA") Products Liability Litigation, MDL No. 1407 (W. D. Wa.); In Re: Ephedra Litigation, MDL No. 1598 (S.D.N.Y.).
    • Represented infant food product manufacturer in defense of product liability action alleging product contamination.
    • Represented consumer product company in various consumer class action claims in multiple jurisdictions alleging false advertising, misrepresentation and breach of warranty.
    • Successfully represented a large public hospital in a case involving credentialing actions against a disruptive physician, obtaining summary judgment on civil rights allegations and claims subject to the Health Care Quality Improvement Act.
    • Represented a regional hospital in multiple medical malpractice claims and provided advice regarding risk management, HIPAA and credentialing issues.
    • Represented one of the nation's largest chemical manufacturers as part of a team defending claims regarding construction and function of a CO2 conversion facility.
    • Sulphuric Acid Trading Co., Inc. v. Greenwich Ins. Co., 211 S. W. 3d 243 (Tenn. Ct. App. 2006).
    • In Re: Adoption of Downey v. Downey, 2003 WL 2010753 (Tenn. Ct. App.).
    • City of Chattanooga v. Bellsouth Telecommunications et. al., 1 F. Supp. 2d 809 (E. D. Tenn. 1999); 2000 WL 122199 (Tenn. Ct. App. 2000).
  • Education

    • J.D., University of Tennessee College of Law, 1994
    • B.S., Vanderbilt University, 1991
  • Involvement

    Bar Admissions
    • Tennessee
    • Georgia
    Accolades
    • Mid-South Super Lawyers® 2013-2014
    • The Best Lawyers in America© - Mass Tort Litigation/Class Actions-Defendants; Product Liability Litigation–Defendants, since 2011
    • Martindale-Hubbell® - AV® Peer Review Rated
    • Best Lawyers® "Lawyer of the Year" – Product Liability Litigation – Defendants, 2015
    Memberships
    • American Bar Association, Section of Litigation, Committee on Corporate Counsel - Newsletter Editor
    • American Health Lawyers Association
    • American Inns of Court Justices Brock and Cooper
    • Chattanooga Bar Association
    • Federal Bar Association, Chattanooga Chapter
    • State Bar of Georgia
    • Tennessee Bar Association
    • Tennessee Board of Professional Responsibility Hearing Committee – Member
    Community
    • Normal Park Museum Magnet School, Education Fund – President Board of Directors
    • Normal Park Museum Magnet School PTA – President
    • Chattanooga History Center - Board of Directors
    • Chattanooga Ballet - Board of Directors
    • Children’s Advocacy Center - Board of Directors
    • United Way – Legal Unit Chairperson
    • Chattanooga Women’s Leadership Institute
    • Girls Preparatory School, Alumni Board and Annual Fund - Council of Advisors

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