Shari Gerson Attorney At Law

Trusted health care litigator defending managed care companies in ERISA, employee benefits, contract claims, and medical malpractice disputes. Certified as an arbitrator and mediator for the American Health Lawyers Association.

Shari Gerson represents health care clients in litigation arising from health and welfare benefit plans. Her practice is centered around ERISA litigation, non-ERISA employee benefits issues, individual policy matters, contract and claims disputes, and medical malpractice defense. Known for her deep sector expertise and encyclopedic grasp of health, life, and disability plans and procedures, Shari collaborates with managed care clients across the healthcare value chain, including insurance companies, health maintenance organizations, health provider organizations, and claims administrators.

A thoughtful and efficient counselor, Shari helps clients navigate the unique standards of review that govern ERISA claim disputes, also working to maximize subrogation and reimbursement rights. Her experience covers numerous sub-specialties, including behavioral health, dental, pharmacy, telemedicine, and vision, among others. Shari understands the language of medicine and enjoys long standing client relationships deepened by her expertise and continuity of care. Clients regard her as an industry insider, ever-mindful of the trends, decisions, and evolving jurisprudence impacting their business and the sector as a whole.

Shari also represents managed care companies in contract and claims disputes and has handled hundreds of participating and nonparticipating provider claims cases in state and federal courts and in arbitration. Her claims analysis experience includes CPT code billing issues, Medicare billing guidelines, Medicaid reimbursement, usual and customary charges, and various fraudulent billing issues. Shari also handles medical malpractice cases brought against managed care organizations involving liability, negligence, and benefits disputes. She frequently collaborates with GrayRobinson colleagues in the litigation and healthcare practices to offer the full complement of consultative counsel for managed care clients. 

• Notable Work
  • Member of the trial team that obtained summary judgment on behalf of disability insurer in a case involving the plaintiff’s denial of long-term disability benefits.
  • Member of the trial team that represented the insurer throughout all stages of lengthy and contentious litigation, including two appeals, in a case involving the plaintiff’s denial of multi-level spinal fusion surgery. The trial court also concluded that the appellant-insured was not entitled to an award of attorney’s fees.
  • Member of the trial team that obtained a summary judgment on behalf of client in a federal ERISA litigation spanning five years and involving tens of thousands of medical claims billed at over $10 million. This was the second summary judgment order issued to the client in the action. 
• Insights
  • "Non-Network Provider Pricing Disputes: Your Vendor or Mine?," DRI Life, Health, Disability and ERISA Seminar, New Orleans, Louisiana, April 26, 2023
  • "ERISA Avoidance: Confronting New Tactics in Provider Payment Litigation," DRI Life, Health, Disability and ERISA Seminar, Boston, Massachusetts, April 11, 2018 
• Media
  • "Want to Rise to the Bench? Search Starts to Replace 2 South Florida Magistrate Judges," Daily Business Review, January 27, 2022
• Affiliations
  • American Bar Association, Member
    • Health Law Section, Member
    • Managed Care and Insurance Interest Group, Member
  • American Health Lawyers Association
    • Certified Arbitrator and Mediator
    • Managed Care Section
    • Payors Plans Section
  • Defense Research Institute
  • The Florida Bar
    • Health Law Section, Member
    • Labor and Employment Law Section, Member
    • Trial Lawyers Section, Member
• Credentials
  •  J.D., University of Miami School of Law, 1994
  • B.A., University of Miami, 1991, with Honors 
• Admissions
  • Florida
  • U.S. District Court for the Southern, Middle, and Northern Districts of Florida
  • U.S. Court of Appeals for the 11th Circuit