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Health
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April 18, 2024
Would-Be Whistleblowers Drop ER Service Overbilling Claims
A North Carolina federal judge has granted two whistleblowers' request to drop their suit accusing a pair of healthcare companies and their affiliates of overcharging both state and federal Medicare and Medicaid programs for emergency services provided at multiple regional hospitals, dismissing the case without prejudice.
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April 18, 2024
Patient Data Breach Suit Should Be Tossed, Colo. Judge Says
A judge has recommended that CommonSpirit Health be allowed to escape a proposed class action in Colorado federal court accusing it of failing to secure healthcare data leading to a breach affecting more than 600,000 patients, saying the complaint fails to "allege an injury-in-fact."
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April 18, 2024
FDA Head Gets GOP Rep.'s Rebuke Over Pot Rescheduling
The Republican chair of a U.S. House of Representatives Appropriations subcommittee on Thursday chided the commissioner of the U.S. Food and Drug Administration for the agency's recommendation last year to loosen restrictions on marijuana.
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April 17, 2024
Trial-Ready Paraquat MDL Cases Tossed After Testimony Axed
An Illinois federal judge on Wednesday threw out the first group of trial-ready cases over the herbicide paraquat, agreeing with Syngenta and Chevron that the plaintiffs' expert testimony must be excluded and finding that the cases fail without that testimony.
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April 17, 2024
Walgreens Investors' $36M Deal In Opioid Suit Gets First OK
An Illinois federal judge on Wednesday granted his initial approval of a $36 million settlement to end a stockholder's derivative suit accusing Walgreens and its leadership of failing to limit retail pharmacies from dispensing unreasonable amounts of opioids.
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April 17, 2024
Damages Still Possible In Lease Tax Reimbursement Row
A Court of Federal Claims judge has ruled that the General Services Administration could unilaterally adjust the real estate tax reimbursement methodology under a lease for the Defense Health Agency's headquarters building, but the building owner may still be owed damages.
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April 17, 2024
GAO Says Company Rightly Left Out Of $1B Medicare IT Deal
The U.S. Government Accountability Office has denied a company's protest over its exclusion from a $1 billion Centers for Medicare and Medicaid Services information technology deal, saying the protester proposed using types of workers not covered by an overarching contract.
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April 17, 2024
NC Justices Fear UNC Doc Wants 'Dramatic' Immunity Expansion
The North Carolina Supreme Court expressed concern Wednesday over a "dramatic" broadening of public official immunity if they accepted the arguments of a University of North Carolina doctor looking to escape a defamation lawsuit alleging he made up accusations to incite a vindictive investigation into a going away party for a subordinate.
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April 17, 2024
Lab Whistleblower Drops COVID Test Suit After Feds Pass
An ex-lab director has dropped his False Claims Act lawsuit alleging he was ousted from a diagnostic testing firm for raising concerns about regulatory violations and improper billing of federal health care programs, closing his Washington federal court case just days after the government declined to intervene.
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April 17, 2024
Seattle Says Firefighters' Amended Vax Complaint Still Flawed
The city of Seattle insisted Wednesday that fatal flaws remain in an amended complaint from firefighters who sued over the city's COVID-19 vaccine mandate, including a failure to link religious discrimination and due process claims to Seattle Fire Chief Harold Scoggins and other named defendants.
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April 17, 2024
FDA Denies Marketing For 65 MNGO Disposable E-Cigarettes
The latest action by the U.S. Food and Drug Administration on e-cigarettes was to tell a Chinese company to take its range of 65 e-cigarette products in a variety of flavors from menthol to pink lemonade and watermelon off the market.
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April 17, 2024
Pennsylvania Hospital Cuts $32.5M Birth Injury Deal Midtrial
Partway through a trial over an infant's brain damage allegedly caused by medical malpractice, a Pennsylvania hospital has agreed to settle the matter for $32.5 million, according to attorneys pursuing the claims on behalf of the child's mother in state court.
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April 17, 2024
'Ringleader' Of Black Market HIV Drug Scam Gets 9 Years
A New York federal judge on Wednesday sentenced a pharmacy operator to nine years in prison for spearheading a $13 million scheme to sell black market HIV medication and collect fraudulent reimbursements from Medicaid and Medicare.
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April 17, 2024
EmblemHealth Pushes IRS To Hand Over $6.7M Tax Refund
Not-for-profit insurance company EmblemHealth asked a New York federal court Wednesday to grant it a nearly $6.7 million tax refund, saying the Internal Revenue Service left a voicemail accepting its refund claim in February but still hasn't delivered the money.
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April 17, 2024
Compass Group Gets New Damages Trial In $8M Death Suit
A California state appeals court has rejected cross-appeals from food service giant Compass Group USA Inc. and a mother suing it for negligence in a wrongful death suit that ended in an $8 million verdict, sending the case back for a new trial on damages.
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April 17, 2024
Manatt Adds NY Bankruptcy, Financial Regulatory Partners
Manatt Phelps & Phillips LLP announced that it hired a pair of experienced New York-based attorneys who focus their practices on regulatory matters as partners in its bankruptcy and financial regulatory practices.
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April 17, 2024
WashU Medical School Settles Claims Of Asylee Bias, Firing
The Washington University School of Medicine in St. Louis has settled claims that it fired a worker who complained that he was being forced to prove he held asylum, according to the U.S. Department of Justice.
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April 17, 2024
Ex-Pharma Exec's Contempt Plea Rejected By Judge
A Massachusetts federal judge on Wednesday rejected a former pharmaceutical executive's agreement to plead guilty to contempt for using an alias to get around a consent judgment in a U.S. Securities and Exchange Commission fraud case, saying both the former executive and the government knew he'd view the sentence as too low.
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April 17, 2024
Ga. Justices To Examine 'Actual Malice' In Atty's Libel Case
The Supreme Court of Georgia has agreed to take up a contentious defamation case, pitting an orthopedic surgeon against a defense attorney known for criticizing "litigation networks" of plaintiffs attorneys and doctors, that could determine how difficult it is to sue attorneys accused of bad-mouthing third parties to other attorneys.
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April 16, 2024
House Panel Takes Aim At Change Healthcare, FTC Over Hack
A House subcommittee exploring ways to boost cybersecurity in the healthcare industry on Tuesday blasted Change Healthcare for failing to take appropriate steps to block a damaging cyberattack that echoed another recent strike on critical infrastructure and the Federal Trade Commission for not stopping the provider from controlling such a large market share.
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April 16, 2024
Eli Lilly's Insulin Price Cap Deal Collapses After Cert. Denial
Eli Lilly & Co. and insulin buyers have called off a proposed nationwide settlement that would've capped insulin prices and been worth up to $500 million over several years, a decision that was made after the buyers lost a class certification bid early this year, according to the buyers' counsel.
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April 16, 2024
NC Treasurer Backs FTC On Hospital Merger Challenge
North Carolina's treasurer agreed Monday that Novant Health's $320 million plan to pick up a pair of hospitals is a bad idea, throwing its weight behind the Federal Trade Commission's challenge to the deal in federal court.
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April 16, 2024
Texas Court OKs Expert Report, Reinstates Patient Death Suit
A Texas appellate court on Tuesday reinstated a suit accusing a hospital of contributing to the death of a gastric sleeve surgery patient due to malpractice, saying the plaintiffs' medical expert's mandatory report satisfied state guidelines.
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April 16, 2024
Ohio Bans On Transgender Care, Youth Sports Halted By Judge
An Ohio state court on Tuesday blocked a law that bans gender-affirming healthcare for children and prohibits transgender girls from competing in girls' school sports, issuing a temporary restraining order more than a week before the statute was to go into effect.
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April 16, 2024
Amazon Beats Suit After Injured Drivers Bury Medical Details
Amazon can't be held liable in a personal injury lawsuit accusing an affiliate semitruck driver of rear-ending a family's vehicle, Michigan appeals court has ruled, saying it's not the court's responsibility to dig through a "huge stack of medical records" to find information favorable to the plaintiff.
Expert Analysis
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Opinion
Giving The Gov't Drug Patent March-In Authority Is Bad Policy
The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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When Patients Have Standing For Hospital Antitrust Suits
Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Navigating Asset Tracing Challenges In Bankruptcy
A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.
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Reading The Fine Print On FDA's Prescription Drug Ad Rule
The U.S. Food and Drug Administration's new final rule regarding the disclosure of risks and side effects in ads for prescription drugs includes some broad and potentially subjective language, and some missed opportunities to address how traditional media formats have changed in recent years, say attorneys at Ropes & Gray.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Insurance Considerations For Cos. Assessing New AI Risks
Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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'Patient' Definition Ruling Raises Discount Drug Questions
A South Carolina federal court's recent decision in Genesis Health Care v. Becerra supports a broader definition of a "patient" eligible to receive discounted drugs under the Section 340B program, but raises a host of novel questions regarding how the decision will affect covered entities and enforcement actions, say attorneys at McDermott.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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AI Brings New Insurance Concerns For Healthcare Providers
As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.