Health

  • July 2, 2015

    Doctor Tied To Sen. Menendez Scandal Gets Bail In Fla. Case

    A wealthy Florida eye doctor facing criminal charges for allegedly bribing his close friend U.S. Sen. Robert Menendez, D-N.J., was granted bail in a separate Medicare fraud case in Florida, with an $18 million bond agreement reached Thursday set to end his roughly 11-week detention.

  • July 2, 2015

    Health Cases To Watch In The 2nd Half Of 2015

    The second half of 2015 is shaping up as a potential litigation blockbuster for health care providers, as major developments loom in cases involving the False Claims Act, the future of crucial Affordable Care Act funding and the 340B drug-discount program. Here are six cases that attorneys will be watching closely.

  • July 2, 2015

    Fla. Jury Clears IP Firm Of Malpractice In Legal Fees Flap

    A Florida federal jury on Thursday found in favor of intellectual property firm Stein Law PC on malpractice charges brought by a medical supply company, but rejected a series of counterclaims the firm brought related to alleged contract breaches.

  • July 2, 2015

    4th Circ. Upholds $237M FCA Verdict Against SC Hospital

    A struggling not-for-profit hospital in South Carolina can’t escape a $237 million jury verdict following a Fourth Circuit ruling Thursday that a district judge was right to order a new trial on a whistleblower's False Claims Act suit alleging violations of a controversial anti-kickback statute.

  • July 2, 2015

    NJ Health System Accused Of Disregarding Racist Insults

    A medical worker has slapped JFK Health System in New Jersey with a discrimination suit for allegedly failing to crack down on racist statements made by co-workers, including a doctor.

  • July 2, 2015

    Judge Blocks Florida's 24-Hour Abortion Waiting Period

    A Florida judge on Thursday blocked enforcement of a new law requiring women to wait 24 hours before undergoing an abortion, even while the state is appealing a previous temporary injunction against the statute.

  • July 2, 2015

    5th Circ. Hands Victories To Texas, Miss. Same-Sex Couples

    Four same-sex couples from Texas and Mississippi won the right Wednesday to have their marriages recognized in their respective states, after last week's landmark U.S. Supreme Court decision that made same-sex marriage a constitutional right under the 14th Amendment.

  • July 2, 2015

    Kansas AG To Appeal Injunction Blocking Anti-Abortion Law

    Kansas Attorney General Derek Schmidt on Wednesday announced his intent to appeal a state court’s temporary injunction blocking a bill criminalizing a common method of second trimester abortions.

  • July 2, 2015

    7th Circ. Won't Boost Visteon's $1.8M ERISA Penalty

    The Seventh Circuit on Wednesday refused to increase a $1.8 million penalty imposed on Visteon Corp. in a class action over the auto parts supplier’s failure to notify laid-off employees of important health insurance information in violation of the Employee Retirement Income Security Act, ruling the plaintiffs filed their appeal months too late.

  • July 1, 2015

    7th Circ. Rebuffs Wheaton's Bid To Block ACA Birth Control

    The Seventh Circuit on Wednesday rebuffed Wheaton College’s bid to block the Affordable Care Act’s mandate to provide contraception coverage for its students and employees, ruling the law doesn’t actually require the school to pay for coverage of emergency contraceptives.

  • July 1, 2015

    5 Sentenced In Fla. For $25M Health Care Fraud Scheme

    A Florida federal judge on Tuesday sentenced five people to a collective 13.5 years in prison for their roles in a $25 million health care fraud scheme that involved recruiting individuals in Nicaragua and the Dominican Republic to enroll in Medicare and Medicaid plans.

  • July 1, 2015

    CSX, Amtrak Challenge Mass. Employee Sick Time Rule

    CSX Transportation Inc., Amtrak and other rail carriers sued Massachusetts on Wednesday over the state's new paid sick time law, arguing that it shouldn't apply to them because of pre-existing legislation and union contracts.

  • July 1, 2015

    Aetna Gets Claims Trimmed From Reimbursement Row

    A New Jersey federal judge on Tuesday dismissed antitrust, Employee Retirement Income Security Act and other claims from a class action accusing Aetna Inc. of using rigged price schedules to underpay for out-of-network services, saying those claims weren't strong enough.

  • July 1, 2015

    Fla. Appeals Court Strikes $1M Personal Injury Damages Cap

    A year after the Florida Supreme Court deemed the state's $1 million statutory cap on wrongful death noneconomic damages from medical malpractice unconstitutional, a state appeals court on Wednesday extended that decision to personal injury medical malpractice cases.

  • July 1, 2015

    Nurse Wants Garvey Schubert Lawyer Sanctioned In Firing Suit

    A former University of Washington nurse, who claims she was assaulted and wrongfully fired after reporting health and research violations, urged a Washington federal judge Tuesday to sanction a Garvey Schubert Barer attorney for interrupting deposition proceedings with “groundless and scattergun objections” more than 1,000 times.

  • July 1, 2015

    Judge Tosses ‘Delusional’ Racketeering Suit Targeting Obama

    A Louisiana federal judge on Tuesday refused to recuse herself and subsequently dismissed a racketeering suit accusing President Obama, past U.S. presidents and other officials of, among other things, murdering the plaintiff’s husband and laundering Medicare and Medicaid funds, calling the claims “delusional.”

  • June 30, 2015

    Army Must Care For Veterans Used In Experiments: 9th Circ.

    A California district court’s ruling that the U.S. Army doesn’t have to provide medical care for veterans who had volunteered to participate in experiments with chemical and biological weapons was out of line, a panel of Ninth Circuit judges said Tuesday.

  • June 30, 2015

    Contractor Says Costs Award Doesn't Rectify $127M Snub

    A spurned contractor on Friday launched a Federal Claims Court challenge to a decision by the U.S. Department of Veterans Affairs and Government Accountability Office not to award it a $127.5 million hospital contract, saying the agencies' choice to reimburse its bid preparation and protest costs is an inadequate remedy. 

  • June 30, 2015

    US Demands Up To $3.35B From Novartis In FCA Suit

    The government is seeking up to $3.35 billion in a False Claims Act suit accusing Novartis Pharmaceutical Corp. of paying illegal kickbacks to pharmacies to recommend iron-reduction drug Exjade and transplant drug Myfortic, according to filings in New York federal court.

  • June 30, 2015

    NJ Hospital Denied Tax Exemption Over Many For-Profit Ties

    The New Jersey Tax Court has denied three years of property tax exemptions to a nonprofit hospital in a matter of first impression, finding the hospital's large number of private practice doctors and for-profit affiliates precluded it from the tax relief.

Expert Analysis

  • Regulators Are Cracking Down On Drug Disposal

    William J. Walsh

    Given several recent environmental developments indicating greater effort by regulators to minimize the release of pharmaceutical waste, the health care industry may need to adopt new tracking and disposal methods, say William Walsh and Greg Narsh at Pepper Hamilton LLP.

  • Could Chief Justice Roberts Have Concurred In Obergefell?

    Janice Mock

    Chief Justice John Roberts' dissenting argument in Obergefell v. Hodges misses the point entirely. If the U.S. Supreme Court has any rights at all, such rights surely include the ability to ensure that states don’t create laws — in Obergefell, bans on same-sex marriage — that abridge a citizen’s right to life, liberty and the pursuit of happiness, says Janice Mock of Nossaman LLP.

  • Using Big Data In Gathering Expert Testimony

    Mike DeCesaris

    In high-stakes litigation, the role of data in supporting expert testimony is growing rapidly at a time when there has been an explosion in the number of database platforms and software tools. Given that expert discovery timelines have not expanded to reflect this increased size and complexity, these trends have important implications for required computing resources and expertise, says Mike DeCesaris of Cornerstone Research Inc.

  • Did 'America's Sexiest Man' Almost Doom The ACA?

    Kim Wilcoxon

    Although former Republican Massachusetts Sen. Scott Brown didn't cast the deciding vote in the U.S. Supreme Court's 5-4 ruling in King v. Burwell, the one-time Cosmopolitan magazine pick for "America's Sexiest Man" played a significant role in the legal trials and tribulations of the Affordable Care Act, says Kim Wilcoxon of Thompson Hine LLP.

  • How Drug Cos. Can Minimize Risks Of 'Right To Try' Laws

    Vicki G. Norton

    With "right to try" measures that provide seriously ill patients access to experimental treatments being drafted in 40 states, drug and biologic developers have faced increasing pressure from patients and their advocates to make investigational drugs available for compassionate use. Vicki Norton of Duane Morris LLP has some advice for navigating the risks associated with allowing patients compassionate use of experimental drugs.

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • Philly Points To Standing When Fighting Class Actions

    Angelo A. Stio III

    The Philadelphia Court of Common Pleas' ruling in Baum v. Keystone Mercy Health Plan reinforces the case that a lack of standing is a powerful defense for companies facing data breach-related class actions. Baum also recognizes that lack of standing can be asserted at the certification stage when the purported class representative cannot demonstrate that he or she suffered injury or harm, say attorneys at Pepper Hamilton LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • The Affordable Care Act Dodges Another High Court Bullet

    Denise E. Hanna

    The bottom line of the U.S. Supreme Court's ruling in King v. Burwell is that the Affordable Care Act, as a whole, had a consistent intent for federal tax subsidies to be available to reduce consumer spending on health insurance purchased through federally run exchanges, even if ambiguous provisions and inartful drafting can be found within the statute, say attorneys at Locke Lord LLP.

  • NJ Has The Backs Of Chiropractors In Class Action

    James J. Ferrelli

    The recent granting of class certification by the District of New Jersey to participating and nonparticipating chiropractors in DeMaria v. Horizon Healthcare Inc. offers a blueprint to class action certification for health care providers seeking to challenge health insurer policies that may systematically deny or reduce benefits paid, says James Ferrelli of Duane Morris LLP.