Attorney Profile
Joseph L. Hoynoski III
Areas of Practice
Contact Info
Overview
Joseph is a shareholder in the Health Care Department. He focuses the majority of his practice on the defense of various medical/psychiatric providers and facilities in medical malpractice, dental malpractice, complex health care liability matters and premises liability. Joseph is also a member of the firm's Executive Committee Advisory Council, a distinguished group of firm leaders whose purpose is to enhance the communication between the Executive Committee and younger members of the firm's professional ranks, including associates, special counsel and junior shareholders.
Joseph has a rather unique background, which will undoubtedly serve him well in handling matters in the health care liability field. From 2004 until 2007, he was involved in representing plaintiffs in hundreds of actions brought against pharmaceutical companies covering a wide array of drugs. Mass torts included Vioxx, Bextra, Celebrex, Viagra, Adderall and ReNu with MoistureLoc.
Since 2008, Joseph has been extensively involved in defending various medical providers in medical malpractice cases. He has obtained dismissals for several physicians and hospitals. He has also represented hospitals and physician groups in health care liability matters and through use of surveillance experts, was able to have cases dismissed against hospitals and physicians. He also successfully handled an Immigration Customs Enforcement Audit for a major Philadelphia corporation.
Joseph also has experience in trademark/copyright litigation and licensing. He has represented national corporations in the areas of retail, specialty food products, hair care products and toys in trademark and copyright litigation matters.
In 2001, Joseph graduated from Temple University cum laude, majoring in corporate law. At Temple, he was involved in the marching band, basketball pep band, orchestra, Student Judicial Board, Business Honors Program and the law fraternity Phi Alpha Delta, where he competed in several mock trial competitions.
Joseph graduated from Widener University School of Law, magna cum laude, in 2004. He was involved in Law Review and received the Senior Staff Award. He was also the treasurer of the Trial Advocacy Honor Society and competed in several mock trial competitions. Joseph received the Widener University School of Law Outstanding Service Award upon graduation, as well as the American Bankruptcy Institute Medal of Excellence.
Results
Secured a Directed Verdict on behalf of an orthopedic surgeon who was alleged to have breached the standard of care as it relates to his performance of a reverse right shoulder replacement. After an 8-day trial, the court found that the plaintiff failed to establish that the surgery performed by the orthopedic surgeon was unnecessary, as alleged in the Amended Complaint.
Obtained a defense verdict in Philadelphia County on behalf of an emergency room physician, hospital physician group and hospital for an alleged failure to appropriately treat elevated blood sugar and groin abscess leading to necrotizing fasciitis. The evidence presented to the jury supported the argument that the emergency room physician appropriately treated the abscess as presented and gave appropriate instructions for the plaintiff to return to the hospital if symptoms changed or worsened. Plaintiff did not require admission for treatment of elevated blood sugar as she was a long time diabetic and the glucose level was not abnormal for her. When she finally returned to the hospital after seven days, she had developed the necrotizing fasciitis. The trial lasted four days and the jury returned the verdict in 16 minutes.
Noasha LLC v. Nordic Group of Cos., Ltd., et al, 08-cv-05635, E.D.P.A.
Doctor's Associates, Inc. v. Sheetz Inc., et al., 09-cv-88, E.D. Va
Humana Inc. v. Aetna Ins., Opposition No. 91192704 (October 13, 2010) [not precedential]. Joseph represented Aetna, Inc. and successfully assisted with defeating Humana Inc.'s opposition to Aetna's use of AETNA ONE for the name of an insurance program in front of the Trademark Trial and Appeals Board.
Thought Leadership
“Dealing with Unidentified/Identified Agents Not Named as Defendants in a Complaint.” Defense Digest, Vol. 21, No. 1, March 2015
"The Certificate of Merit Status Quo Has to Go," The Legal Intelligencer, Health Care Supplement (page 7), February 17, 2015
"Statutory Damages: To Copy Or Not To Copy, That Is The Burning Question," Commercial Damages Reporter, Vol 25, Issue 2, April 2010
Civil Litigation Update, contributing author for the annual update published by the Pennsylvania Bar Institute, 2009 and 2010
Peer Review: Status 2022, Marshall Dennehey Trends in Health Care and Health Law Seminar, May 5, 2022