The plaintiffs' bar is vigilant in looking for medical devices and pharmaceutical products to indict. Television ads soliciting plaintiffs because of the alleged failure or defect of a medication or device and consumer expectations that a device or medication should work better than the human body help fuel such attacks, says C. James Zeszutek, co-chairman of Dinsmore & Shohl LLP's class action litigation and pharmaceutical and medical devices practice groups.
The effects of regulatory reform — on everyone from financial institutions to health care providers — will create a demand for administrative and legislative assistance with these new reform measures from government-savvy practitioners, says Jill Cranston Bentz, chairwoman of Dinsmore & Shohl LLP's government relations practice group.
Attorneys with a multidisciplinary background are becoming more valuable as companies cut down the number of firms they choose to work with, according to Michael K. Brown, chair of Reed Smith LLP’s life sciences health industry group.
With the escalating price of health care, pharmaceutical companies are facing increased scrutiny, especially as states have started teaming up with the members of the plaintiffs bar, said leaders of Sidley Austin LLP's life sciences practice.
Businesses now need coordinated solutions to the increasingly complex and nuanced issues they're facing and strategies that draw on the skills and expertise of a broad range of legal practice areas, says Robert T. Novick, chair of the regulatory and government affairs department at Wilmer Cutler Pickering Hale and Dorr LLP.
Lawyers who focus on energy and environmental issues are likely to soon see a renewed demand for their services, predicts Terry Mahn, head of the regulatory and government affairs group at Fish & Richardson PC.
In today’s ever-changing regulatory environment, it can be tricky for health care companies and providers to avoid scrutiny from the U.S. Department of Justice over product pricing or anti-kickback statute violations. But the best defense is always an offense, according to Ann Morgan Vickery, managing partner of Hogan & Hartson LLP's Washington, D.C., office and director of the firm’s health practice group.
If you are going to make it as a health law attorney these days, you have to become an expert in one particular area rather than trying to do it all, according to Mike Anthony, the head of McDermott, Will & Emery LLP's international health law practice.
Many of the pressing issues facing health lawyers, from new frontiers like Americans traveling abroad for medical treatment to perennial concerns like management of patient records, can be traced to a familiar cause: the high cost of health care, said Maria Currier, leader of the health practice group at Holland & Knight LLP.
The number of False Claims Act suits filed against health care providers and pharmaceutical companies has climbed steadily over the past few years, and the recent flood of suits shows no sign of dissipating, said Greg Luce, a partner in Skadden, Arps, Slate Meagher & Flom LLP's health care enforcement and litigation group.
Health care costs around the developed world are skyrocketing as baby boomers age, thus bringing to light tremendous legal questions about who is going to pay for what, according to Stephen Paul Mahinka, chair of the life sciences practice at Morgan Lewis & Bockius LLP.
When Philadelphia-headquartered Duane Morris started a health law practice in 1977, most hospitals were represented by lawyers who served on their boards.
At the forefront of health law for more than 30 years, Reed Smith has a long-standing and integrated practice group that does not shy away from a complex case, but rather seizes upon the challenge.
When Hillcrest HealthCare System, one of Oklahoma’s largest nonprofit health care providers, was sold last year, the seller turned to McDermott Will & Emery, which had the expertise needed to handle all aspects of the multimillion-dollar transaction.
When the American Medical Association found was accused of violating antitrust laws, it turned to Sidley Austin Brown & Wood LLP.
A victory in a case brought by famous trial lawyer Dicky Scruggs illustrates why so many health-care companies are hiring Jones Day for their litigation, the firm says.
Complex health care litigation requires a multi-faceted approach, something that McCarter & English has mastered in its life sciences practice group.
Since joining Kaye Scholer in late 2003 from her perch as the head of IP at Clifford Chance, Leora Ben-Ami has helped the firm become one of the go-to law firms for the pharmaceutical and biotech industries.
Attorneys with science backgrounds aren’t an anomaly at Shook, Hardy & Bacon, and a vast knowledge of the health industry may be one reason the Kansas City, Mo.-based firm has become a powerhouse in health law and product liability.
Famed trial attorney Mark Lanier doesn’t bestow compliments on pharmaceutical defense firms all that often. Lanier, who yielded first $253 million, and later $13 million, from Merck in the Vioxx trials, could only come up with one firm to compliment when asked about his competition: Dechert.
By modifying the definition of an exempt religious institution in the U.S. Department of Health and Human Services' latest proposals, the government may eventually moot out some of the more difficult cases brought by religious institutions. But between the lines, there are a number of practical issues that persist and may still be addressed, says Mark Chopko of Stradley Ronon Stevens & Young LLP.
Too often, companies try to reinvent the wheel, especially in the telehealth sector, where new models of care are constantly being tested. Fortunately for U.S. hospitals, health systems and companies, we have great examples of telehealth models that have built successful business models, such as the France-based company Calydial, says Dana Pirvu of Epstein Becker & Green PC.
Federal contractors face significant cost increases and compliance requirements as a result of the health insurance reforms in the Affordable Care Act. To minimize costs and compliance risks in the future, companies should take a number of steps in the coming months, say attorneys with Arnold & Porter LLP.
Although more clarity is needed from administrative agencies and the courts regarding the contours of a lawful employee wellness program, it is definitely better at this point to structure such programs using rewards or incentives for participation as opposed to penalties for nonparticipation, says Kevin Kelly of Locke Lord LLP.
The U.S. Department of Justice's five newly announced settlements — one with a hospital, two with rehabilitation centers and two with private specialty practices — highlight the agency's continuing focus on providers and their practices when providing medical information to deaf patients or companions, say Nathan Kottkamp and Melissa Taylormoore of McGuireWoods LLP.
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
As demand for behavioral health services increases, and those individuals with need have insurance that will pay for it, the growth potential for behavioral health services is significant. Private equity investors are well-poised for jumping into this market to bring new business models and innovation to the industry, say attorneys with McGuireWoods LLP.
The Sixth Circuit recently reversed an $11.1 million False Claims Act judgment in U.S. v. MedQuest Associates. The court's refusal to impose the FCA’s “extraordinary penalties” on violations of technical and local Medicare program requirements represents significant precedent for health care providers facing an FCA suit, say attorneys with Ropes & Gray LLP.
The U.S. Supreme Court recently heard argument for University of Texas Southwestern Medical Center v. Nassar, and while the case seems promising for employers, it should also remind them that their best protection against retaliation claims will continue to be contemporaneous written evidence of a real reason for taking unfavorable actions against an employee, say attorneys with Seyfarth Shaw LLP.
In its ongoing series of studies and audits, the U.S. Department of Health and Human Services' Office of Inspector General recently released its report on Medicare hospice and general inpatient care. While the report clearly shows the OIG's concern for the substantial percentage of hospices not providing GIP, it also leaves several questions unanswered, say attorneys with Morgan Lewis & Bockius LLP.