Health

  • October 21, 2014

    Ex-CEO of NJ Drug Dispensary Indicted For Tax Evasion

    The former CEO of a New Jersey pharmacy dispensing company was indicted on Tuesday by a federal grand jury for allegedly filing falsified income tax returns to conceal stock earnings, settlements and disbursements of company funds.

  • October 21, 2014

    Walgreen Can't Nix OTC Drug Privacy Claims In Meth Row

    A Louisiana federal judge on Tuesday refused to dismiss Walgreen Louisiana Co. Inc. and others from a suit alleging they violated the privacy rights of two individuals convicted of trying to make methamphetamine when authorities used a database to track their purchases of over-the-counter cold medicines.

  • October 21, 2014

    Hunter Labs Can't Dodge Contract Suit Over $6.3M FCA Share

    Hunter Laboratories LLC on Monday couldn't dodge a contract suit brought by partners in a litigation sharing deal who were allegedly denied their share of proceeds from a $241 million False Claims Act recovery, with a New Jersey federal judge ruling his court is a proper venue.

  • October 21, 2014

    Highmark Loses Bid To Ax Pa.'s Challenge To Medicare Plan

    A federal judge ruled Tuesday that he could not intervene to stop Pennsylvania officials from pursuing litigation in state court aimed at blocking Highmark Inc. from offering a Medicare Advantage plan that allegedly violates an agreement defining the insurer’s relationship with University of Pittsburgh Medical Center.

  • October 21, 2014

    US Asks 5th Circ. To Deny UT Bid To Rehear Tax Refund Suit

    The U.S. government recently said the Fifth Circuit correctly determined earlier this year that the University of Texas did not qualify for an $11 million refund for Federal Insurance Contributions Act taxes against its medical residents and the court should deny the university's request for a rehearing.

  • October 21, 2014

    Four Convicted In $158M Houston Hospital Medicare Scam

    A Texas federal jury on Monday convicted four people in connection with a $158 million Riverside General Hospital Medicare scam, in which administrators allegedly made false claims for mental health treatment in order to pay kickbacks and bribes, according to the U.S. Department of Justice.

  • October 21, 2014

    Anderson Kill Dodges $10M Malpractice Suit Over Insurer Row

    A New York judge on Tuesday threw out a health care company’s legal malpractice action that claims Anderson Kill PC botched an employment insurance coverage case, saying the plaintiff hasn't properly alleged that the firm was liable for $10 million in insurance losses.

  • October 21, 2014

    Fla. Hospitals Beat Whistleblower's Retaliation Claim

    Two years after Florida-based Morton Plant Mease Health Care Inc. and its affiliated hospitals agreed to pay $10 million to resolve a whistleblower’s allegations that they overcharged the government for treating Medicare patients, the judge dismissed the whistleblower’s retaliation claims, ruling she was fired for a permissible reason.

  • October 21, 2014

    Special Master To Helm Walgreen Fee Fight In Pfizer MDL

    A New Jersey federal judge overseeing multidistrict litigation over whether Pfizer Inc. conspired to bar competition for its epilepsy treatment Neurontin and promoted off-label uses on Monday appointed a special master to handle a dispute over attorneys' fees between opt-out plaintiff Walgreen Co. and class counsel.

  • October 20, 2014

    Firsthand Knowledge Needed To Clear FCA Bar, 3rd Circ. Rules

    The Third Circuit on Monday upheld the dismissal of a former Medco Health Solutions Inc. executive's False Claims Act kickback suit against Bristol-Myers Squibb Co. and AstraZeneca Pharmaceuticals LP, saying that firsthand knowledge of improper activity is necessary to overcome the FCA's public disclosure bar.

  • October 20, 2014

    Amgen, CVS Units Hit With Suit Over Arthritis Drug Shipping

    An Amgen Inc. subsidiary and a CVS Health unit have been hit with a proposed class action in California court alleging that the companies knowingly failing to ensure that the arthritis drug Enbrel was kept at a proper temperature during shipping.

  • October 20, 2014

    Chiropractors Can't Keep Excess Medicare Pay, Humana Says

    Humana Inc. is attacking a proposed class action in Ohio federal court accusing it of improperly recouping Medicare Advantage overpayments from chiropractors, saying the lawsuit clearly misreads federal law and would undermine anti-fraud efforts.

  • October 20, 2014

    2 More HCA Hospitals Added To Fla. PIP Coverage Class Suit

    A putative class action pending in Florida federal court against HCA Holdings Inc. for alleged overcharging of patients' personal insurance protection at one of its Florida hospitals has been expanded to include two additional facilities in the state.

  • October 20, 2014

    Some Nurses Can't Join Chicago Hospital Strike, Judge Rules

    An Illinois judge on Friday blocked 85 nurses from joining a planned strike this week at the University of Illinois Hospital and Health Sciences System in Chicago, agreeing with the hospital that a full-blown work stoppage threatened the safety of patients in certain critical departments.

  • October 17, 2014

    Health Care Patients Want Data Breach Suits Consolidated

    Former patients suing Community Health Systems Inc. for failing to secure their personal information, which may have been accessed by hackers, asked the U.S. Judicial Panel on Multidistrict Litigation on Friday to consolidate five related class actions in Alabama federal court.

  • October 17, 2014

    7th Circ. Keeps 'Worthless Services' Out Of FCA Suits

    The Seventh Circuit declined Thursday to rehear a dispute brought over a nursing home’s allegedly false Medicare filings, leaving intact an earlier ruling that “worthless services” don’t necessarily qualify as fraudulent under the False Claims Act.

  • October 17, 2014

    Patient Seeks $2.5B From UnitedHealth Over Hep C Exposure

    Two United HealthCare Services Inc. units could face $2.5 billion in damages at a trial beginning Monday in Nevada over allegations they exposed customers to hepatitis C by knowingly referring them to contaminated endoscopy clinics, after a similar trial last year resulted in a historic $524 million verdict.

  • October 17, 2014

    Insurer Owes $3M In W.Va. Mesh Malpractice Case

    The West Virginia Supreme Court ruled Wednesday that an insurance company must pay $3 million in addition to a global settlement of the same amount over malpractice claims brought against a surgeon employed by United Health Professionals Inc., finding the settlement didn't exhaust the company's policy.

  • October 17, 2014

    Walgreen Sued By Ex-CFO Over Resignation Reports

    Walgreen Co.’s former chief financial officer Wade Miquelon on Thursday slapped the drugstore chain with a defamation suit in an Illinois county court, saying Walgreen's top brass leaked false reports to the press that he was forced to resign after he “bungled” an earnings forecast.

  • October 16, 2014

    Oncologist Gets New Damages Trial After $90M FCA Judgment

    A Florida federal judge on Thursday ordered a new damages trial after previously entering an $89.6 million judgment against a radiation oncologist in a False Claims Act suit alleging the doctor billed Medicare for procedures that were never actually performed or were done improperly.

Expert Analysis

  • A Ban On Ban-The-Box?

    Natasha B. Dorsey

    In a regulatory landscape of ban-the-box laws and increased EEOC scrutiny of criminal history questions during the hiring process, employers in industries such as health care and finance are often put in the position of acting unlawfully because they are required to conduct background checks for certain positions. The Certainty in Enforcement Act could clarify things, but it also leaves the door open for trouble, says Natasha Dorse... (continued)

  • The Impact Of Boilermakers Continues To Be Felt

    Celia Taylor

    Relying on and further strengthening the import of Boilermakers Local 154 Retirement Fund v. Chevron Corp., a recent decision in a shareholder suit involving Chemed Corp. shows the power of boards to have their say as to where intracorporate litigation will take place and who will pay for it, says Celia Taylor of Sturm College of Law at the University of Denver.

  • Summary Judgment Is No Dress Rehearsal

    Patricia St. Peter

    UnitedHealth Group Inc. v. Columbia Casualty Co. is a blunt reminder that the failure to prove up one’s case with actual evidence at the summary judgment phase can have serious consequences. It's also instructive on the types of proof an insured may rely on to prove allocation between covered and uncovered claims in a multiclaim settlement, say Patricia St. Peter and Kaisa Adams of Zelle Hofmann Voelbel & Mason LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Start To Think About Entering China's Health Care Market

    Tim Stratford

    After the news this past July that German hospital operator Artemed had signed a framework agreement to establish the first wholly foreign-owned hospital in the Shanghai Pilot Free Trade Zone, foreign investors anxious for an opening into China’s tightly regulated health care sector may have further reason for optimism, say attorneys with Covington & Burling LLP.

  • 5 Ways Employers Can Fight Ebola

    Sloane Ackerman

    Most employers in the U.S. will be prepared for the current Ebola outbreak after taking a few steps, including educating employees and ensuring emergency preparedness, says Sloane Ackerman of O'Melveny & Myers LLP.

  • High Court Continues To Examine State Action Immunity

    Dionne Lomax

    The U.S. Supreme Court recently heard oral arguments in North Carolina State Board of Dental Examiners v. Federal Trade Commission — the second time in two years that the court has considered the state action doctrine. The decision could have broad implications for the structure and operation of state professional review boards and associations, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • A Possible Disagreement Between GAO And Fed. Claims Court

    Tammy Hopkins

    The U.S. Government Accountability Office and the U.S. Court of Federal Claims agree that exchanges that permit an offeror to modify its proposal amount to discussions. But the two forums do not appear to be aligned on how to decide whether exchanges in “the context of informational infirmities in proposals” amount to discussions or clarifications, say Ken Weckstein and Tammy Hopkins of Brown Rudnick LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • 9th Circ. Closes More Doors On ACA Challenges

    Michael W. Lieberman

    The Ninth Circuit's recent ruling in Coons v. Lew serves as a warning to would-be plaintiffs that challenges to the Affordable Care Act's individual mandate based on contrary state laws or the right to medical autonomy are likely to fail, say Mike Lieberman and Harsh Parikh of Crowell & Moring LLP.