Theresa Barta Attorney

First Admitted: 1990, California

Professional Webpage: https://www.barta-law.com/

Bar/Professional Activity:

National Association of Women Lawyers, Member
Women Lawyers Association of Los Angeles, Member
American Trial Lawyers Association of America, Member
Consumer Attorneys Association of Los Angeles, Member
Orange County Women Trial Lawyers Association
Orange County Trial Lawyers Association, Member
Consumer Attorneys of California (formerly California Trial Lawyers Association), Member
Association of Trial Lawyers of America, Member
Admitted to practice before the United States Supreme Court.
Admitted to the Ninth and Eleventh United States Circuit Court of Appeals.
Admitted to each of United States District Courts in California (Northern, Southern, Eastern and Central)
State Bar of California, 1990

Verdicts/Settlements (Case Results):

Doe M.D. v. Doe Health Plans: $9 million Settlement of claims for unlawful and unfair business practices, violation of fair procedure and interference with prospective business relations
Doe M.D. vs. Doe Medical Group: $ 5 million settlement of case involving retaliation and wrongful termination of a physician who refused to engage in unlawful activity
Doe M.D. v. Doe Medical Group: $3.5 Million Settlement of Whistleblower Retaliation lawsuit
Doe v. Doe Medical Group: $1.9 Million Settlement of wrongful termination claim
Doe, M.D. v. Does
Doe Co. v. Does
Fontana Prod. v. Spartech
Doe, M.D. v. Doe Health Plans
Doe v. Doe Health Ins.
Doe, M.D. v. Doe Health Insurance
Jeffrey Nordella, M.D. v. Anthem Blue Cross: $4.5 million Jury Verdict following a six week trial for Anthem's violation of Dr. Nordella's right to fair procedure. The jury awarded $4.5 million in damages for Anthem's wrongful exclusion of Dr. Nordella from Blue Cross' PPO Network and found that the doctor was entitled to punitive damages. A confidential settlement was reached prior to the punitive damages phase of trial
In re Active Wallace Group: $3.6 Million Verdict. A federal bench trial involving claims of fraud and concealment resulted in a $3.6 million verdict that included a $1.8 million award of punitive damages
Doe, M.D. vs. Doe Medical Group: $1 Million Settlement. Case involved claims of unfair competition, defamation and business interference between competing medical practices. Case was settled prior to trial
Unnamed Physician v. Hoag Hospital: Writ of Mandamus Issued Setting Aside Disciplinary Action against Physician. The hospital's disciplinary actions of censure and placing the physician on probation were set aside by a trial court and California's Fourth District Court of Appeals after the courts found that the physician's right of fair procedure had been violated
Doe Companies v. Does (Individuals and Companies): $2 Million Settlement. In a federal case, claims of breach of fiduciary duty, fraud and conversion against corporate executives and related companies resulted in multiple settlements, including one for $2 million
Doe, M.D. v. Doe Medical Group
John Kohut, M.D. v. Beaver Medical Group: $1.6 Million Jury Verdict and Entitlement to Punitive Damages. The jury awarded $125,000 in economic damages and over $1.5 million in non-economic damages for the Medical Group's wrongful termination of a psychiatrist
Doe v. Doe Insurance Co.: $10 Million Settlement. The insurance company denied claims for on-going medical care for a life-threatening condition contending that the care was allegedly "not medically necessary". The case was settled prior to trial with an agreement by the insurance company to pay for the medical care and pay an additional sum for emotional distress damages
Fontana v. Spartech

Representative Clients:

Dr. Finch retained Ms. Barta to file claims for unlawful business practices, retaliation and extortion against Anthem Blue Cross in connection with Anthem's claims for reimbursement from the doctor based on claims it had overpaid him.
Dr. Shwe retained Ms. Barta to defend against claims by her employer and also to file a cross-complaint for wrongful termination, fraud and interference with contract and prospective economic advantage
Dr. Daniel Taheri: A skin cancer surgeon and dermatologist who retained Ms. Barta to file claims of intentional interference, violation of fair procedure and unlawful business practices against Aetna Health of California and Aetna Life Insurance Company
Dr. Jeffrey Nordella: An emergency trained, urgent care and family medicine physician who retained Ms. Barta to challenge Anthem Blue Cross' unethical and illegal business practices and more recently a medical group that employed him
Dr. James Ochi: A Pediatric Otolaryngologist who retained Ms. Barta to challenge Anthem Blue Cross' reimbursement practices as they applied to Non-participating providers
Dr. John Kohut: A psychiatrist employed by one of the largest medical group's in California retained Ms. Barta to file a lawsuit against the medical group after it terminated him
Dr. Lynn Stanton: A family practice physician and owner of an urgent care, retained Ms. Barta to litigate a case against a competing urgent care business that was engaged in unlawful and unfair business practices

Pro bono/Community Service:

A CASA (Court Appointed Special Advocate): Ms. Barta has been a CASA (Court Appointed Special Advocated) to a teenage girl who was molested by a family member resulting in a pregnancy and baby at only age twelve. As a CASA, Ms. Barta visited with the child on a regular basis, interacted with the social worker, attorney and others acting on the child's behalf, and reported to the dependency court ensuring that the child's best interests were heard
Pro Bono Representation of Medical Providers Who Treat Medicare and Medi-Cal Patients: Ms. Barta has provided legal services, including advice on contracting, billing and reimbursement matters, and litigation of cases to physicians and other medical providers who provide medical treatment and care to Medicare and Medi-Cal patients
Hunger Council Member: Feeding America
National Charity League: Ms. Barta was a member of the Newport Beach Chapter of the National Charity League for nine years. During that time she volunteered at over twenty charities, including, Girls Inc., Second Step, Susan G. Komen, Orangewood and Someone Cares Soup Kitchen

Honors/Awards:

SuperLawyer of Southern California, SuperLawyers
Top Gun Trial Lawyer of the Year, Orange County Trial Lawyers Association
Attorneys of Distinction, Attorneys of Distinction
Multi-Million Dollar Advocate, Multi-Million Dollar Advocates Forum
Indies Gold Award, Greed on Trial, 2018, Indies Book of the Year Awards
Attorney of Distinction, Orange Coast Magazine
Order of the Coif, Loyola Law School
American Jurisprudence Awards, Loyola Law School
St. Thomas Moore Honor Society, St. Thomas Moore Honor Society

White Papers:

An analysis of the law governing "without cause" terminations of physicians., A Termination "Without Cause" Can be Legally Challenged, 2021
A discussion of the harm caused when insurance companies retaliate against physicians., When Insurers Retaliate Against Physicians, They Also Harm Patients, 2021
A discussion of California Business & Professions Section 2056, which protects physicians and surgeons from retaliation when they advocate for patient care., California Doctors Enjoy Special Protections When Advocating for Patients, 2020
A discussion and explanation of silent PPOs and their effects in health care., Silent PPOS: They Do NOT Benefit Doctors or Patients, 2020
A discussion of the differences between Medical Directors who work for health plans and insurance companies and Medical Doctors who provide patient care., Are Medical Directors Who Work for Health Plans and Insurance Plans Really Medical Doctors?, 2020
A discussions of the federal law that protects physicians who are terminated from Medicare Advantage Plans (i.e., CRR §422.202), Insurers Often Violate the Law When When Terminating Medicare Advantage Plan Physicians, 2020
A discussion of "narrow provider networks" and their impact on patient care., Narrow Network Health Plans are NOT What's Best for the Patient, 2020
A discussion of California's law of Fair Procedure, which requires that any decision by an insurance company or health plan to preclude a physician from being included in the insurance company's and health plan's provider networks must be substantively and procedurally fair. , Doctors Cannot be Arbitrarily Excluded from Insurers' Provider Networks, 2020
A discussion of California Health & Safety Section 1278.5 (California Whistleblower law that protects health care workers, including physicians)., Physicians Have Strong Whistleblower Protections, 2020

Scholarly Lectures/Writings:

Los Angeles Times, CBS News, Physicians News Network and Law360 all cover Barta Law’s Trial, Verdict and Settlement in a Landmark Case: “L.A. Jury Sides with Doctor in Anthem Blue Cross Case”- Chad Terhune (April 10, 2013)
“Doctor Prevails in Firing Dispute” – Los Angeles Times
Anthem Lawsuit and Barta Law’s Representation of Doctor are Detailed in Book: Denied, by Jeffrey Nordella, M.D.
Managed Care Magazine: “Doctor’s Lawsuit Victory Holds Lesson for Insurers”
Law360 Reports: “Blue Cross Settles with Doctor in Network Exclusion Case”
Law360 Reports on Barta Law Trial: “Doc Says Blue Cross Punished Him for Patient Advocacy”
Physicians News Network: “Local Physician Wins against Insurance Giant, Years Long Saga Comes to an End”
CBS News San Francisco: “California Doctor Wins Millions in Suit Against Blue Cross After Decade-Long Battle”
CBS News Los Angeles: “David vs. Goliath”
Los Angeles Times: “Anthem Blue Cross Settles with Doctor, Avoids Second Jury Award”- Chad Terhune (April 11, 2013)
Ms. Barta was a featured speaker and panelist at the Southern California Trial Lawyers Conference in January 2017, speaking on the topic of How Insurance Companies Practice Medicine, Speaker and Panelist, How Insurance Companies Practice Medicine, Southern California Trial Lawyers Conference, Legal, Health Care, Medicine, Insurance
Speaker, Los Angeles County Medical Association, Physician and Provider Reimbursement, Los Angeles County Medical Association and the Los Angeles County Bar Association at their Sixth Annual Joint Educational Meeting, March 2015, Speaker, Physician and Provider Reimbursement, LA County Medical Assoc. and LA County Bar Assoc. Joint Educational Meeting, Health Care Insurance, Medicine, Legal

Other Outstanding Achievements:

PR Newswire reports: Lawsuit Filed by Dr. Nordella Who Conducted Health Studies on Porter Ranch Gas Leak Victims Set to Proceed to Trial
Authored "Greed on Trial." Ms. Barta authored Greed on Trial, which exposes the truth behind today's medical landscape. It brings Ms. Barta's work to life by following three actual cases from her files. In each case sits a doctor who was wrongfully terminated after rebelling against insurance companies in order to provide medically appropriate care to their patients. In a page-turning narrative, Greed on Trial pulls back the curtain on the complex world of doctors who struggle to care for their patients while being told to comply with insurance company regulations, 2018
Representation and Anthem Lawsuit Detailed in the book "Denied". Ms. Barta's representation of a physician in litigation against Anthem Blue Cross that lasted ten years and resulted in a multi-million dollar jury verdict is detailed in the book "Denied" written by Jeffrey Nordella, M.D. with Kim Beyer-Johnson. https://www.amazon.com/Denied-Dr-Jeffrey-Nordella-MD/dp/099838920X
CBS News Los Angeles Reports: "David vs. Goliath," https://www.youtube.com/watch?v=Dx9-Ra_Npiw
Los Angeles Times Reports: "L.A. Jury Sides with Doctor in Anthem Blue Cross Case," https://www.latimes.com/business/la-xpm-2013-apr-10-la-fi-anthem-doctor-verdict-20130410-story.html
CBS News (San Francisco) Covers Trial, Verdict and Settlement in Landmark Case: "California Doctor Wins Millions in Suit Against Blue Cross After Decade Long Battle," https://sanfrancisco.cbslocal.com/2014/11/02/california-doctor-wins-millions-in-suit-against-anthem-blue-cross-after-decade-long-battle/
American Medical News Reports: “Multimillion-dollar verdict for doctor hailed as victory against insurer tactic,” https://amednews.com/article/20130527/profession/130529955/6/
Los Angeles Times Reports - "Doctor Prevails in Firing Dispute": “A San Bernardino jury awarded a psychiatrist $1.56 million after agreeing that he was fired by one of the state’s leading medical groups in retaliation for refusing to switch his patients to less expensive prescription medications, ”https://www.latimes.com/archives/la-xpm-2001-jun-16-me-11154-story.html
Thompson Reuters Reports: “Doctor’s $3.8 Million Win Sends Warning to Health Plans” Theresa Barta was quoted in the Thomas Reuters article: “The importance of the verdict is it lets doctors know that they have a voice.”
Quoted in "Payers & Providers": “This verdict sends a message to doctors that they have a voice. They can stand up and fight back against insurers. This is a huge win, not only for my client, but for all physicians.” http://payersandproviders.com/node/443

Industry Groups:

Health Care
Medicine
Physicians

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