Bryan J. Davis, Attorney at Law, LLC

Bryan represents providers in government investigations into Medicare/Medicaid fraud under the federal False Claims Act, New Mexico Medicaid Fraud Act, and Medicaid False Claims Act. Bryan has helped numerous healthcare providers navigate these often contentious and difficult investigations and litigation drawing on his twenty years of experience in this area and cultivated relationships with key government officials. Bryan has obtained for his provider clients through negotiation and litigation many favorable settlements with the New Mexico Medicaid Fraud Unit, many involving no repayment and no admission of wrongdoing. Bryan has also litigated successfully against the Medicaid Fraud unit, including the dismissal of a putative $17,000,000 Medicaid Fraud Act claim brought against a provider of in-home assisted care services. The dismissal of the Medicaid Fraud Unit’s case was affirmed on appeal to the New Mexico Court of Appeals, and the Medicaid Fraud Unit withdrew its petition for certiorari to the New Mexico Supreme Court.

Bryan represents physicians and other healthcare providers in internal facility peer review proceedings and in court to clear them of alleged wrongdoing, salvage their careers, and obtain compensation for damage that wrongful peer review actions and adverse action reports to state licensing boards and the National Practitioner Data Bank has caused them. Bryan has obtained millions of dollars in confidential settlements negotiated for physicians against hospital systems in New Mexico, Oregon, and Washington.

Bryan has also tried these complex and difficult cases successfully to juries obtaining substantial verdicts for his physician clients. In October 2013, Bryan was lead trial counsel in a complex civil rights claim for an OB/GYN whose privileges were suspended and revoked at Gila Regional Medical Center in Silver City, New Mexico. Bryan took over the case from the physician, who had been representing himself, at the threshold of trial. Bryan tried the case on the issue of damages after affirmative summary judgment in the physician’s favor on liability. The jury awarded Bryan's client $1,861,644 for lost income, damage to his reputation, and emotional distress.
In January 2019, Bryan was lead trial counsel for a neurosurgeon whose privileges were suspended at Legacy Meridian Park Hospital in Portland, Oregon. Bryan tried the case for eight days to a jury in Multnomah Circuit Court. The jury awarded Bryan’s client $1,500,000 in lost past income and found that the hospital was not entitled to immunity from suit under the Health Care Quality Improvement Act and Oregon peer review law.