Jeffrey J. Sherrin

Jeffrey J. Sherrin Shareholder

Jeffrey's Practice Areas

Jeffrey is the President of O’Connell & Aronowitz.  Primarily a health care attorney, he is also an accomplished litigator in health care, commercial and employment cases. In his national health law practice, Jeffrey has represented providers and their trade associations for over 35 years. His clients include hospitals, clinical laboratories, alcohol and substance abuse providers, behavioral health providers, nursing homes, home health care agencies, adult care facilities, DME and respiratory suppliers, physician practices, and ancillary health care practitioners. His clinical laboratory clientele, in particular, is nationwide, and he is regularly tapped to speak at national conferences and forums on issues affecting clinical laboratories.

Jeffrey practices in all federal and state courts, and before all federal and state health care regulatory agencies. He has successfully represented the New York State hospital industry in two appeals before the United States Supreme Court and actively represents clients in all types of healthcare litigation, including criminal, civil and administrative fraud and abuse investigations; Medicare, Medicaid and private insurer audits, and commercial litigation. He also represents providers in professional discipline and regulatory enforcement matters.

In the area of Employment Law, Jeffrey obtained a $15.4 million jury verdict for an individual plaintiff in a sexual harassment trial, which, at the time, was the largest verdict in the country for an individual plaintiff in an employment discrimination case. He also recovered over $23 million for clinical laboratories from the New York State Department of Health in two lawsuits, due to the State’s collection of excessive license fees, and over $8 million for an individual clinical laboratory from a major health insurance company for wrongful denials of claims. Jeffrey has also successfully represented shareholder interests in major class action litigation.

Formerly in charge of litigation for the New York State Department of Mental Hygiene, Jeff was also an Adjunct Professor of Law for Union College’s graduate program in Health Care Administration. He has been listed in the publication The Best Lawyers in America for over 20 years and also consistently been listed in the Upstate New York Super Lawyers list, a distinction earned by less than 5% of attorneys in the state.

Jeffrey's Locations

Admissions

  • United States Supreme Court
  • United States Court of Appeals for the Second Circuit
  • United States District Court for the Northern District of New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the Western District of New York
  • New York State

Professional Associations

American Association for Justice
American Health Lawyers Association
Capital District Trial Lawyers Association
New York State Trial Lawyers Association
New York State Bar Association
Health Law Section
New York State Bar Association
American Bar Association
Appellate Division, Third Department
Character and Fitness Committee Member
1998 – 2013

Board Memberships

American Diabetes Association
xecutive Committee – Tour de Cure
2014 – Present
Albany Law School Moot Court Board
Moot Court Judge
2010 – 2014

Awards

Best Lawyer
Best Lawyers
2009 -2018
AV Preeminent 5.0 out of 5, Peer Review
Martindale-Hubbell
2017
Upstate New York Super Lawyers
2009- 2017
Equal Justice Award
Legal Services Corporation
2014
William N. Reich Outstanding Achievement Award
National Independent Laboratory Association
2009

Presentations

Aggressive Audits: Holding Labs Responsible for Medical Necessity
National Independent Laboratory Association
Mid-Winter Meeting | San Diego, CA
2018
PAMA Lawsuit: Allegations, Process and Timeline
National Independent Laboratory Association
2018 Lab Leaders Forum | San Diego, CA
Threats to Profitability Facing Clinical Laboratories and Pathology Groups
The Dark Intelligence Group/Dark Daily
Webinar
2018
PAMA Lab Test Market Price Reporting, What EVERY Lab Must Know, Which Labs Must Submit Data and Why Reporting Labs are at Risk!
Webinar
2016
OMIG Compliance
New York State Association Health Care Providers
2015
Home Care Forum: Public Policy Updates
New York State Association of Health Care Providers
2015

Representative Cases

American Association of Bioanalysts et al. vs. NYS Dept of Health
Practice Area: Healthcare
Outcome: $23M refund for overpayment of fees
Description:

2 cases related to overcharging clinical laboratories for costs of their regulation. First case resulted in favorable decision leading $5M repayment to plaintiff labs. Second case resulted in settlement refunding $18M to plaintiff laboratories.

New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co.
Practice Area: Healthcare
Outcome: Resulted in changing the law
Description:

Won ERISA preemption challenge to state hospital reimbursement statute in US Supreme Court

Nestler v. Chartwells USDC NDNY
Practice Area: Sexual harassment
Outcome: $15.4 million jury verdict
Description:

Represented plaintiff in individual sexual harassment case resulting in the country’s highest verdict at the time for individual employment discrimination.




Locations

The culture of teamwork and collaboration at O’Connell and Aronowitz helps our five office locations assist clients in a myriad of legal disciplines and harness the talents of O’Connell and Aronowitz attorneys across New York State. We offer the experience, resources, and skills to help you protect your rights and your best interests.

Albany

54 State Street
Albany, NY 12207

tel: 518.462.5601
fax: 518.462.2670



New York City

111 Broadway, Suite 701
New York, NY 10006

tel: 212.706.6041
fax: 518.462.2670



Saratoga Springs

1 Court Street
Saratoga Springs, NY 12866

tel: 518.584.5205
fax: 518.584.5441