Darcie Thompson is a West Palm Beach litigation attorney who investigates and litigates complex healthcare fraud schemes throughout Florida and nationwide. Ms. Thompson also litigates employee benefits cases under the Employee Retirement Income Security Act (ERISA). She represents clients in federal court litigation in cases throughout the country, and also has considerable experience in arbitrations and state court proceedings across various jurisdictions.
Ms. Thompson is skilled in managing complex financial disputes in the healthcare field and in other industries. She advances affirmative claims on behalf of insurers, claims administrators and benefit plans against healthcare providers who engage in large-scale fraud schemes. She also vigorously defends employee benefit-related actions under ERISA and other laws. Her cases have involved reference laboratories, durable medical equipment providers, substance use disorder treatment facilities, behavioral therapy providers and healthcare clinics. Ms. Thompson has an in-depth understanding of state and federal healthcare-related statutes, including the Stark Law, Eliminating Kickbacks in Recovery Act (EKRA), various state anti-kickback statutes, state self-referral laws and patient brokering statutes.
In addition to her healthcare fraud and ERISA work, Ms. Thompson has significant experience litigating cases involving commercial contracts, antitrust issues, financial services, mortgage-backed securities, Florida statutory violations and business torts.
Ms. Thompson began her legal career as a federal law clerk for the Honorable John McBryde of the U.S. District Court for the Northern District of Texas, assisting him on civil cases. While in law school, she was a judicial intern for the Honorable Elizabeth A. Kovachevich of the U.S. District Court for the Middle District of Florida.
- Defended a sizeable insurance company in federal court against claims from healthcare providers seeking more than $100 million under employee benefit plans and various state and federal statutes, while simultaneously pursuing counterclaims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), common law and Employee Retirement Income Security Act (ERISA), resulting in a highly favorable settlement
- Investigated behavioral therapy company's scheme to exploit insurance benefits of children receiving applied behavioral analysis therapy and secured favorable pre-litigation result for client
- Obtained summary judgment in favor of nation's largest property and casualty insurance company on claims regarding fraudulent licensure and ownership
- Arbitrated provider network agreement claims and ERISA claims involving durable medical equipment, including defense of provider's claims and prosecution of counterclaim valued at more than $30 million
- Obtained dismissal of claims by substance use disorder treatment facility seeking recovery for numerous plan participants under ERISA, the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) and state common law
- Successfully defended claims by a laboratory seeking to recover more than $12 million under ERISA, and asserted claims against the laboratory and others, resulting in a consent judgment against the laboratory for the full amount of damages and a favorable settlement with other parties
- Obtained a dismissal with prejudice of lawsuit seeking injunctive relief, disclosure of plan documents and civil penalties on behalf of dozens of plan participants and beneficiaries under ERISA §§ 104, 502(c)(1)(B), 502(a)(3) and 503
- Negotiated a favorable settlement in action seeking more than $100 million in benefits, injunctive relief, recovery of benefits for thousands of plan participants and beneficiaries brought by toxicology laboratory and affiliated healthcare facilities
- Defended a lending institution against claims seeking more than $10 million related to mortgage-backed securities in massive multi-defendant litigation
- Defended an investment advisory firm against claims for securities violations, breach of contract, and breach of fiduciary duty
- Stetson University College of Law, J.D., magna cum laude
- University of Notre Dame, B.A., cum laude
- All State Courts in Florida
- All State Courts in Texas
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Texas
- Federal Bar Association
- Notre Dame Alumni Club of the Palm Beaches, Board of Directors
- Notre Dame Women Connect, Palm Beaches Chapter, Chair
- Notre Dame Monogram Club, former NCAA Division I tennis player
- Stetson Law Review, Editorial Board 2010-2012
- Stetson Moot Court Board, 2010-2012