Mary Clare Bonaccorsi concentrates her practice in litigation as well as litigation avoidance strategies, with a special focus and expertise in the health care industry. Her experience encompasses all aspects of litigation, ranging from motion practice, oral and written expert and non-expert discovery, trial practice, appellate practice, as well as settlement negotiations and alternative dispute resolution.

Ms. Bonaccorsi has a broad litigation practice and has represented clients in state and federal courts throughout the United States. She also has represented clients before various administrative agencies including the Illinois Court of Claims, the Office of Hearings and Appeals of the Social Security Administration, and the Health Care Financing Authority’s Provider Reimbursement Review Board. Ms. Bonaccorsi regularly represents health care clients in state and federal Medicare and Medicaid audits and recoupment proceedings. She also has significant experience representing both hospitals and physicians before hospital medical staff peer review hearing panels.

During 2000-2001, Ms. Bonaccorsi served as Assistant General Counsel to Option Care, Inc., a publicly traded company that provides medical and specialty pharmaceutical products and services through both company-owned and franchised operations throughout the United States. In this role, she oversaw litigation and was responsible for matters involving her counsel in the areas of corporate and securities, intellectual property, franchise, real estate and health care regulatory law.

Representative Experience

• United States ex rel. Bidani v. Lewis, et al. (U.S. District Court for the Northern District of Illinois): Successful representation of defendants, medical supply company and physician, in qui tam action brought for alleged violations of the False Claims Act.

• Bidani v. Lewis, et al. (Circuit Court Cook County, Illinois and Illinois Court of Appeals): Defended various medical supply and services corporations and their individual owner in action involving breach of contract claims. Authored and argued motion for summary judgment and appellate brief upholding circuit court’s summary judgment order in favor of defendants.

• Tucson Gastroenterology Institute L.L.C. v Sidi et al: First-chaired two week trial on behalf of plaintiffs seeking damages against former shareholder. Jury verdict in favor of plaintiffs upheld by the Arizona Court of Appeals.

• Allen Organ Company v. GEM, S.P.A. and General Electro Music, Inc. (U.S. District Court for the Eastern District of Pennsylvania and the U.S. Appellate Court for the Third Circuit): Represented defendants, Italian church organ manufacturer and U.S. distributor, in one-week trial for alleged Lanham Act violations and unfair competition. Obtained not guilty finding on all counts and full affirmance of district court's decision by the U.S. Appellate Court for the Third Circuit.

• Bryant v. Glen Oaks Medical Center (Circuit Court of Cook County, Illinois and the Illinois Court of Appeals): Representation of defendant hospital for alleged breach of contract and wrongful termination of pathologist’s medical staff privileges. Authored and argued successful motion for summary judgment in hospital’s favor before both the trial court and the Illinois Court of Appeals.

• Veins Clinic of America v. Moss (Circuit Court of Cook County, Illinois): Represented defendant, an individual physician, in bench trial brought by physician’s former employer seeking damages for alleged violation of covenant not to compete. Obtained not guilty finding on all counts and full recovery of defendant’s attorneys’ fees and costs.

• Charlotte Hungerford Hospital (Provider Reimbursement Review Board and U.S. District Court for the Western District of Connecticut): Successful representation of hospital in appeal of the denial of an increase in its composite rate of reimbursement for outpatient dialysis services.

• Sleweon v. Medical Specialists, Inc. (Indiana Court of Appeals): Successfully represented medical practice before the Indiana Court of Appeals. Authored appellate brief overturning the trial court’s decision denying enforcement of physician’s covenant not to compete. Obtained injunction prohibiting physician’s wrongful competition.

• Ethanol Antitrust Litigation (U.S. District Court for the Central District of Illinois): Represented two major oil companies in multimillion-dollar litigation brought by ethanol producers against several major oil companies for alleged conspiracy to eliminate ethanol producers from the petroleum market. Responsible for conducting expert and non-expert discovery, as well as co-authoring the motion for summary judgment which was granted in defendant oil companies’ favor and upheld by the U.S. Appellate Court for the Seventh Circuit.

Publications

• "Does Joinder of a Forum Defendant Always Prevent Removal?" Product Liability Law & Strategy, Vol. 28, Number 11, May 2009
• "Speaking Outside the Box – Juror Questioning of Witnesses at Trial," Product Liability Law & Strategy, Vol. 25, Number 8, February 2007
• "Medical Staff Quality Assurance and Peer Review," Illinois Jurisprudence, Vol. 27, Chapter 3, 2005

• "Rule 34's Direct Access Provision", Product Liability Law & Strategy, Volume 26, Number 7, January 2008

• "Third Party Sexual Harassment in the Dental Profession – Dentists Caught In A Pinch," American Dental Association Legal Advisor, January 2004

• "Federal Rule of Civil Procedure 68 – The Often Overlooked Defense Tool," Product Liability Law & Strategy, Spring 2004

Professional Affiliations

• Chicago Bar Association

• Illinois Bar Association

• American Bar Association

• American Health Lawyers Association

• Illinois Association of Hospital Attorneys

• Professional Women’s Club of Chicago – Charter Member

Civic Involvement and Distinctions

• Voted by peers as an Illinois "Super Lawyer" (published in Chicago Magazine)

• Board Member, Product Liability & Strategy, published by Law Journal Newsletters (a subsidiary of American Lawyer Media), 2003-present

• Journal of International Law and Business – Editorial Board Member, 1988-1989