Practice Areas

Personal Injury & Insurance Defense

Orlando Blanco leads the firm’s Personal Injury and Insurance Defense Practice. Blanco Wilczynski currently serves as approved panel counsel for a number of insurance companies, having successfully defended a number of clients in various jurisdictions. The firm has a roster of seasoned litigators who are nationally recognized authorities in a number of liability areas involving emergency medical services and transportation. Our attorneys have a wealth of experience defending individuals and entities of all sizes in a variety of businesses in all industries, as well as municipalities, school districts, transportation groups and medical providers in a number of different liability matters.

Blanco Wilczynski regularly works with a variety of insurance professionals and third party administrators to successfully defend insurers and insureds in compliance with insurance company reporting and budgeting guidelines and has worked with a number of electronic billing guidelines to fulfill insurer requirements.

Our attorneys have defended virtually every kind of liability claim, including Automobile Negligence (both First and Third Party), Trucking liability, Employment Practice, Premises Liability, Professional and Medical Malpractice, Paramedic and EMT Liability, Hospice Liability, Rental Car Liability, Civil Rights liability, Municipal & Governmental Liability Claims, Products Liability, Insurance coverage liability claims, Property Losses, food poisoning, liquor liability, construction accidents, business torts and Wrongful Death cases.

Specialties
  • Auto (First & Third Party)
  • EMS Defense
  • Medical Malpractice
  • Workers Compensation
  • Premises Liability
  • Nursing & Hospice Care
  • General Liability
Recent Cases (click the title for the .pdf)

Emergency Medical Services

Orlando Blanco leads the firm’s Emergency Medical Services (EMS) practice. Mr. Blanco is regarded as a national authority in the EMS area, having published and presented numerous works in this area and having consulted and successfully defended both private and public EMS providers in dozens of states in America. Blanco Wilczynski attorneys have more than 50 years of combined experience representing both Basic and Advanced EMS providers, EMTs, Paramedics and Fire Fighters in cases involving every type of EMS liability case, including medical malpractice, patient transfers and stretcher accidents, emergency vehicle operation, EMS licensing and administrative matters, as well as employment matters.

In addition, Blanco Wilczynski has also handled a number of cases on appeal, including at the Michigan Supreme Court, having successfully defended EMS providers on appeal. The attorneys at Blanco Wilczynski have lectured and presented at both national, state and local venues, including the American Ambulance Association, the Michigan EMS Expo and others.

Specialties
  • Medical Malpractice Liability
  • Emergency Vehicle Operation Liability
  • Patient Handling Liability
  • Licensing & Regulatory Compliance
  • Administrative Hearings
  • Risk Management
Recent Cases (click the title for the .pdf)

Criminal Felonies & Misdemeanors

Derek S. Wilczynski leads the firm’s Criminal Law Division, with 17 years of experience practicing criminal law, including over 100 criminal trials. Mr. Wilczynski understands a criminal case from the perspective of both the prosecution and defense. Because of this experience, the firm is able to analyze your case and assist you in determining the best course of action, whether to take a case to trial or to work toward a plea arrangement with the prosecution.

Specialties
  • DUI
  • White Collar Defense
  • Robbery, Theft, Shoplifting, Embezzlement
  • All Serious Felonies
Recent Cases
  • Wilczynski successfully defended a client accused of sexual assault on a minor in Mio, Michigan (Oscoda County). After vigorously conducting discovery, it became clear that Wilczynski’s client not only was not guilty of the charged crime, but also that the victim more than likely suppressed memories of the actual abuse. Wilczynski successfully argued to the Court that the prosecutions expert witness, a child abuse specialist, be precluded from testifying on the grounds that she did not meet the legal standard to provide testimony. It took the jury 20 minutes to reach a not guilty verdict.
  • In a drunk driving appeal in Gaylord, Michigan, Wilczynski successfully argued on appeal that the Prosecutions “star” rebuttal witness as to the accuracy of the BAC Datamaster was not qualified to testify at trial. The trial court allowed the expert to testify without properly applying evidentiary standards to the witnesses qualifications. On appeal, the Court agreed with Wilczynski that the witness was not qualified to testify and should not have been

Insurance Program Design & Regulatory Compliance

Blanco Wilczynski assists its clients in the research and design of “non-traditional enhancement programs”, providing advice on a variety of regulatory compliance issues. Our attorneys have extensive experience with the formation and implementation of a large number of Insurance Programs, having worked with underwriters, brokers and administrators to place and administer unique insurance programs in the market place both domestically and in other countries. We have expertise in market enhancement insurance programs encompassing payment protection, equity protection, mortgage protection, involuntary unemployment protection, and identity protection.

Typically, Blanco Wilczynski’s clients want to know if a product they wish to sell will be considered insurance in a given market or if there are particular regulatory issues that may affect the sale of their insurance product.  Our attorneys have the expertise required to do deep research and have written opinion letters to clients for dozens of programs with regard to the issue of whether a particular product is insurance. 

We have broad experience analyzing regulatory acts such as the Dodd-Frank Wall Street Reform and Consumer Protection Act, other federal and state Consumer Protection Acts (such as the Federal Truth in Lending Act and the Fair Credit Reporting Act), and the Non-Admitted And Reinsurance Reform Act Of 2010. Our expert relationships with various state insurance agencies help our clients navigate through regulatory issues when our clients have faced regulatory scrutiny.

Our team has prepared numerous legal opinions and provided legal support for benefit programs such as travel benefits, credit card benefits, membership benefits, rental benefits and similar benefit programs and we have worked extensively with domestic partners and Lloyds to implement and place insurance programs in the U.S. and other countries.

Orlando Blanco leads this practice area.

Specialties
  • Specialty Risk Insurance
  • Insurance Program Design
  • Claims Management
  • Regulatory Practice
  • Insurance Contract Consulting

Health Care & ERISA

Orlando Blanco leads the firm’s Health Care & ERISA practice area. The attorneys at Blanco Wilczynski are active in the field of regulation of health care – with special attention to both companies and individuals.  Our clients in the healthcare industry include ambulance companies, hospice groups, skilled nursing homes, sleep labs, home health care groups, and other health care facilities, as well as physicians, nurses, paramedics and other licensed and/or certified health care professionals.

We have advised healthcare clients in areas including from health care regulations and compliance, licensing matters, professional liability and risk management, as well as medical contracts, HIPPA and employment matters.

Blanco Wilczynski has successfully defended its corporate health care clients from overreaching state agencies and has been successful in licensure matters for individuals in the health care profession.  Recently, Blanco Wilczynski won a reduction of a license suspension for one of its individual clients from ten years to three years on the grounds that a state agency did not provide individualized review of the client’s situation. 

In addition, Blanco Wilczynski has handled a number for cases under the Employment Retirement Income Security Act (ERISA) on behalf of both medical providers and insurers. Our lawyers have a wealth of experience in handling matters involving self-funded medical plans and other employee welfare benefit plans, including the formation and integration of Plans, Summary Plan Descriptions and other related self-funded plan documents, as well as the administration of such plans. Blanco Wilczynski has litigated ERISA matters in various U. S. District Courts and Appellate Courts.

Emplyment Practices

The attorneys at Blanco Wilczynski represent clients who have been sued by former employees and customers for wrongful termination, sexual harassment, race discrimination, pregnancy discrimination and whistleblower lawsuits. The firm has handled these claims in state and federal courts, as well as in such venues as the Equal Employment Opportunity Commission, the Michigan Department of Civil Rights, and the Occupational Safety and Health Administration. The attorneys at Blanco Wilczynski are proud to say that none of their clients has ever had a Judgment entered against them in any employment based case.

Employment based cases are very personal for any individuals or businesses to litigate, and most businesses need a hand to guide them through private and sensitive situations. Blanco Wilczynski has worked hand in hand with its clients to provide a stabilizing force through potentially embarrassing litigation.

In addition to litigating wrongful termination and harassment based cases and claims, the attorneys at Blanco Wilczynski have worked with their clients to establish internal policies and procedures for their clients, which they believe will help ward off potential claims. By being proactive and assisting their clients in a “risk management” capacity, Orlando Blanco and Derek Wilczynski try to live up to the maxim that the “best case is the case which is never filed.”

Copyright Trolling Defense & Cyber-Protection

A new field of law has emerged in the past few years and Blanco Wilczynski is on the forefront of this rapidly advancing area.  Unethical and scurrilous companies have taken to the Internet to “seed” it with copyrighted pornography – and then have enticed unsuspecting “John Does” into uploading this porn through a process called “bitTorrenting.”  These aggressors then sue the individuals they think uploaded the porn by identifying the cable company-issued modem used to upload the videos. There is one problem with this, however – the aggressors simply don’t know who was using the modem when the pornography was uploaded.  They still proceed against the person who purchased the cable and Internet service, with no other evidence, for the sole purpose of trying to shame the defendant into a quick settlement!

Blanco Wilczynski has defended numerous clients against this nefarious activity and has had all of the cases dismissed.

Derek Wilczynski leads this practice area.