Counsel to Massachusetts Neuropsychological Society, 2013 – present
Counsel to Massachusetts Psychological Association, 2019 – present
Counsel to an international trade association, 2019 – present
General Counsel to Medical Diagnostics and Rehabilitation, LLC, 1989 – present
General Counsel to Neuropsychology Associates of Western Massachusetts, 1989 – present
General Counsel to Clionsky Neuro Systems, Inc., 2013 – present
Litigation counsel to a multistate ophthalmological practice, 2008 – present
U.S. Counsel to a European based Multi-national Corporation, 2017 – present
Cases of Note
Lafromboise, et al. v. Greenwood Trust, et al. (C.A. 97-30091-MAP (W.D. Mass). Ken Gogel was appointed lead class counsel and successfully negotiated a Sixteen Million Dollar national settlement. The class action addressed the collection of consumer debt after a bankruptcy discharge in cases in which reaffirmation agreements were not filed with the Bankruptcy Court.
In re General Electric Capital Corp. Consumer Bankruptcy Debtor Class Action Litigation, MDL No. 1192 (JPML), a multi-district litigation in Chicago, IL. Ken was part of a team of lawyers that resolved this national litigation.
First State Orthopaedics v. Concentra, Inc., et al. (05-4951, E.D. PA) A national class action settlement achieved in the U.S. District Court, Philadelphia, PA, affirmed by Second Circuit Court of Appeals. The case challenged the use of a database to reduce provider charges and the misappropriation of PPO discounts. The Court appointed Ken Gogel lead class counsel and the settlement changed the standard for claims processing by bill review companies.
In a discussion of the adequacy of class counsel approving the class action settlement in an opinion delivered in 2007 after two years of litigation, Senior District Judge Norma Shapiro noted “Kenneth Gogel, lead counsel for the class, has been practicing in the area of complex litigation and class actions for twenty years. He has been admitted with local counsel in twenty states and in federal courts nationwide. He has also been involved in numerous class actions including litigation against various participants in the managed care industry… The Court finds class counsel to be sufficiently experienced and well-qualified to prosecute the claims on behalf of the entire class.” (534 F.Supp. 500, E.D. PA, 2007).
Southeast Physical Therapy Services v. Healthcare Value Management, 2000 Mass.Super. LEXIS 188 (Mass.Super.Ct. 2000); New England Physical Therapy Network, P.C. v. Healthcare Value Management, 2002 Mass. Super. LEXIS 267 (Mass.Super.Ct. 2002). The case challenged the imposition of a “silent PPO” in the Massachusetts automobile insurance market in the Superior Court in Boston in litigation that ended the practice of applying PPO discounts without appropriate steerage.
Clionksy, Ph.D. v. Cigna Corp, et al. (C.A. No. 3:11-CV-30178 E.D. MA, 2012), a case involving improper bundling of neuropsychology testing codes. A confidential settlement was achieved after the conclusion of a one-week trial in federal court in Boston.