Health

  • December 7, 2016

    3rd Circ. Wants Whistleblowers' FCA Sharing Deal Unsealed

    The Third Circuit said a lower court wrongly sealed whistleblowers' settlement of litigation over sharing proceeds from the resolution of Medicare and Medicaid billing False Claims Act lawsuits against laboratory companies, citing Wednesday the public's right to such records.

  • December 7, 2016

    Clinic Owner Can’t Withdraw Plea To $3.6M BCBS Fraud

    One of three clinic owners accused of sending $3.6 million of fraudulent invoices to Blue Cross Blue Shield for unnecessary chiropractic services cannot withdraw his guilty plea because of an alleged promise that he would be granted immunity for acting as an informant, an Illinois federal judge ruled Tuesday.

  • December 7, 2016

    Mich. Tribe, Blue Cross Both Seek Wins In ERISA Suit

    The Little River Band of Ottawa Indians and Blue Cross Blue Shield of Michigan both pushed for quick wins in federal court Tuesday in the tribe’s suit alleging the insurer violated the Employee Retirement Income Security Act by mismanaging a tribal employee health benefit plan.

  • December 7, 2016

    Fla. Justices Weigh Patient Privacy Rights In Med Mal Cases

    The Florida Supreme Court on Thursday will weigh a challenge to a state law allowing doctors and hospitals accused of medical malpractice to seek medical history and other information from a patient-plaintiff’s previous doctors, in a case that touches on privacy and constitutionality issues. Here, Law360 recaps the history of the case in advance of Thursday’s oral arguments.

  • December 7, 2016

    Fla. Orthopedic Center Pays $4.5M To End FCA Claims

    A Jacksonville, Florida-based orthopedic medical group has agreed to pay the government nearly $4.5 million to settle allegations that it billed federal health care programs for millions of dollars in services that weren't necessary or reasonable, the U.S. Department of Justice announced Wednesday.

  • December 7, 2016

    Florida Hospital To Pay $12M To Settle FCA Claims

    A Miami-area hospital will pay the federal government about $12 million to resolve allegations that it violated the False Claims Act by submitting false claims to federal health care programs for medically unnecessary cardiac procedures, the U.S. Department of Justice said Wednesday.

  • December 7, 2016

    Md. Court Upholds Toss Of Suit Over Allegedly Botched Birth

    A Maryland appeals court on Tuesday affirmed a lower court’s decision finding for a gynecology practice and a doctor in the middle of a trial stemming from an arm injury a baby sustained during delivery, holding that the baby’s mother didn’t provide sufficient evidence to support a claim of lack of informed consent.

  • December 7, 2016

    Man Who Posed As Gov’t Official Gets 5 Years For $26M Fraud

    A New York federal judge on Tuesday sentenced an Illinois man to five years behind bars after he pled guilty to concocting a $26 million investment fraud scheme and stealing the identity of a former Canadian health department official to cover his tracks.

  • December 7, 2016

    NY Firm, Ex-Client Ask 11th Circ. To Fix Jury's Errors

    New York firm Stein Law PC and its former client, a Florida diabetes testing supply company, continued their contentious dispute over $1 million in legal fees before the Eleventh Circuit Wednesday, asking the appeals court to reverse parts of a jury's conflicting verdict.

  • December 7, 2016

    Medical Group Pays $9.3M To Settle TCPA Junk Fax Claims

    A Louisiana-based radiation treatment center's class action lawsuit accusing a medical group of engaging in a massive junk fax campaign that violated the Telephone Consumer Protection Act reached its conclusion Tuesday as a federal judge stamped final approval on a settlement worth nearly $9.3 million.

  • December 7, 2016

    Family Awarded $14.5M Over Preemie's Injury

    A Nevada jury has awarded the family of a prematurely born child $14.5 million over allegedly botched care provided to the child, who went into anemic shock months after her discharge from the hospital.

  • December 7, 2016

    Anthem Seeks To Call Back Expert In $54B Merger Trial

    Anthem Inc. asked a D.C. federal judge Wednesday for permission to call its key expert witness back to the stand in an ongoing antitrust trial over its $54 billion proposed merger with Cigna Corp., saying the U.S. Department of Justice's expert raised issues for the first time on rebuttal.

  • December 7, 2016

    Fla. Surgical Center Escapes Anesthesia Kickbacks Suit

    A Florida federal judge on Tuesday released a western Florida surgery center from False Claims Act litigation that the Florida Society of Anesthesiologists is bringing against several providers over a variety of alleged kickback schemes that defrauded Medicare and Medicaid, following a request for voluntary dismissal by the whistleblowers.

  • December 7, 2016

    NJ Med Mal Time Limit Keys On Illness, Not Death, Court Says

    A New Jersey appeals court on Wednesday clarified a state Survivor Act amendment imposing a two-year statute of limitations that began running at the time of death, ruling that a widow’s claims were time-barred because they stemmed from when her late husband was alive.

  • December 7, 2016

    Doc Says Bayer Axed Her For Backing Pregnant Worker

    A former drug development executive sued Bayer Corp. in New Jersey federal court on Wednesday alleging she was robbed of a promising career after speaking up when her boss removed a pregnant worker from a project leadership role and replaced her with a man.

  • December 7, 2016

    NY Court Allows Senior Care Co. To Escape Assault Suit

    An appeals court in New York on Tuesday nixed a personal injury suit against an elderly care transportation provider, ruling that the company had no reason to know that a driver would physically assault someone at a hospital.

  • December 7, 2016

    Jailed Hospital CEO Urges 7th Circ. To Overturn Fraud Verdict

    The former leader of a defunct Chicago hospital is asking the Seventh Circuit to overturn his conviction and 4.5-year jail sentence because he had nothing to do with a scheme to pay kickbacks to doctors referring patients to the hospital, according to arguments presented to the federal appellate court Wednesday.

  • December 7, 2016

    House To Vote For Funding Bandage To Hold Gov't Until April

    House leaders unveiled the latest stopgap government funding measure Tuesday, aiming to keep the government running into the first several months of President-elect Donald Trump’s new administration.

  • December 7, 2016

    Health MVP: Latham & Watkins' Daniel Meron

    Latham & Watkins LLP partner Daniel Meron brought in a major victory for the University of Massachusetts Medical School when the First Circuit granted it immunity in a False Claims Act suit, and is helping UnitedHealthcare navigate its own FCA litigation, making him one of Law360's Health MVPs of 2016.

  • December 7, 2016

    NFL Says Ex-Player Is Forum Shopping In Contract Dispute

    The NFL Alumni Association and its president struck back at a former player’s attempt to move his suit to state court, telling a Florida federal judge on Tuesday that the move is blatant forum shopping and would require significant additional expense.

Expert Analysis

  • The FTC's Overreaching Regulation Of Homeopathic Drugs

    Todd A. Harrison

    Recently, the U.S. Federal Trade Commission decided once again to force itself into the U.S. Food and Drug Administration's ill-fitting shoes, establishing safety and effectiveness standards for over-the-counter homeopathic drugs. The FTC is only obfuscating the already-strained regulatory framework for homeopathic drugs, say attorneys from Venable LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Judicial Treatment Of Interrelated Acts: Part 2

    Jurman.jpg

    Whether or not courts regard multiple acts, errors, omissions or claims as interrelated or related is very fact-specific and highly dependent on the language of the policy in question. In the second part of this article, Rory Jurman and Steven Cula primarily explore how Florida courts have interpreted related claim provisions.

  • Judicial Treatment Of Interrelated Acts: Part 1

    Rory Eric Jurman

    Courts have reached varying conclusions regarding the extent to which claims must be related in order to constitute a single claim under an insurancy policy. Rory Jurman and Steven Cula of Fowler White Burnett PA explain the question of interrelatedness and discuss how various states have approached the issue.

  • The Future Of Insurance Under A Trump Administration

    Thomas G. Rohback

    Currently, little is known for certain about how Trump's administration will influence the insurance industry. However, Thomas Rohback and Patricia Carreiro of Axinn Veltop & Harkrider LLP discuss some of the potential challenges and opportunities likely to arise once Trump comes into office.

  • Despite Momentum, Marijuana Remains Risky Business

    John Bessonette

    Voters in eight states legalized marijuana last month and more than one-fifth of Americans now live in states with legal recreational marijuana markets. But marijuana companies still lack adequate access to capital and financial services, say attorneys with Kramer Levin Naftalis & Frankel LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • SOX Win Shows Strong Need For Whistleblower Protections

    Jason Zuckerman

    In Becker v. Community Health Systems Inc., the U.S. Department of Labor recently awarded $1.9 million in damages to a Sarbanes-Oxley whistleblower in a decision that clarifies several key aspects of SOX whistleblower protection and underscores the importance of providing strong protection to corporate whistleblowers, say Jason Zuckerman and Dylan Yépez of Zuckerman Law.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • Calif. Sets A High Bar For Workplace Violence Standards

    Michael T. Taylor

    The California Division of Occupational Safety and Health Administration recently adopted a first-of-its-kind standard intended to reduce workplace violence against health care workers. The standard imposes broad, unclear obligations on health care employers and, once enacted in California, is expected to spread to additional states and possibly industries, say Michael Taylor and Daniel Birnbaum of BakerHostetler.