Health

  • January 19, 2017

    Medical Supply Co. Owner Accused Of $4.5M Medicaid Fraud

    The owner of a south Texas medical equipment supply company was arrested Thursday, two days after she was indicted by a federal grand jury on charges she defrauded Medicaid by falsifying $4.5 million in billings for incontinence supplies, the Department of Justice announced.

  • January 19, 2017

    BREAKING: Former Visium Manager Guilty Of Hedge Fund Fraud

    A Manhattan jury on Thursday convicted former Visium Asset Management LP portfolio manager Stefan Lumiere on charges that he schemed to overvalue a $480 million fund focused on health care-sector debt.

  • January 19, 2017

    NY Doctor's Sexual Misconduct Coverage Row Goes To Trial

    A New York federal judge on Wednesday ordered a trial in a doctor's dispute with Harleysville Worcester Insurance Co. over coverage for a medical malpractice and battery complaint filed by the granddaughter of a former patient.

  • January 19, 2017

    Drug Return Co. Wants Evidence Out Of Money Laundering Case

    A pharmaceutical refund company on Wednesday asked a Pennsylvania federal judge to bar the government from presenting evidence it engaged in money laundering activity before it received payments from manufacturers, saying such evidence would contradict the government’s previous arguments.

  • January 19, 2017

    UPenn Health System Settles Medicare Overbilling Claims

    The University of Pennsylvania Health System has agreed to a settlement totaling nearly $1 million to resolve claims that a pair of cardiologists improperly billed Medicare during a period of four years for unnecessary stent procedures.

  • January 19, 2017

    Lab Vendor Urges 9th Circ. To Revive RICO Suit

    Diagnostic Laboratories is urging the Ninth Circuit to revive a Racketeer Influenced and Corrupt Organizations Act suit against the owners of health care vendor and bookkeeping company North American Health Care, arguing the district court wrongly defined what constitutes a continuous scheme.

  • January 18, 2017

    Mass., Feds May Move To Intervene In Escobar FCA Case

    Lawyers for the commonwealth of Massachusetts and the federal government told a federal judge in Boston Wednesday that they may recommend intervening in the Escobar case against Universal Health Services, a significant development for a closely watched False Claims Act suit.

  • January 18, 2017

    Niro Attys Again Face Sanctions In Sloan-Kettering IP Row

    A New York federal judge ruled Wednesday that a biopharmaceutical company can refile its suit seeking to reclaim gene therapy patent rights from the Sloan-Kettering Institute in state court, but said the company and its counsel must explain their delay in making the move or face sanctions.

  • January 18, 2017

    Feds Look To Nix Senecas' Health Care Funding Suit

    The U.S. Department of Health and Human Services urged a D.C. federal judge Tuesday to toss a suit by the Seneca Nation of Indians seeking $4.7 million in federal funding for tribe-administered health programs, saying the tribe’s claims can’t be considered until a related case is resolved.

  • January 18, 2017

    Health Care Co. Owner Fights Evidence In $45M Fraud Case

    One of the three relatives who owned a trio of home health care companies accused of running a $45 million Medicare fraud scheme fought back against some government evidence Tuesday, saying certain witness statements are untrustworthy and that some evidence may confuse jurors.

  • January 18, 2017

    Duane Morris Adds Partners In Miami, Chicago

    Duane Morris LLP has added a former McDermott Will & Emery LLP litigator and international arbitration expert in Miami and a former Locke Lord LLP corporate partner in Chicago, the firm announced Wednesday.

  • January 18, 2017

    Widow Tells Jury Of Husband’s Death From Tainted Steroids

    The widow of a man who was injected with tainted steroids described her husband’s death to a federal jury in Boston on Wednesday, for the first time giving voice to the human agony behind a pharmacist’s murder trial and the most devastating pharmaceutical disaster in American history.

  • January 18, 2017

    5 Key Exchanges At HHS Nominee's Grilling

    The Trump administration’s proposed health secretary said Wednesday it’s “absolutely imperative” that Americans not lose coverage if the Affordable Care Act is repealed, faced ethics criticism over stock trades and hinted at possible policy changes on drug prices and Medicare reimbursement. Here are five key exchanges from Wednesday’s grilling.

  • January 18, 2017

    Lincoln National Faces Class Suit Over Insurance Cost Hikes

    Lincoln National Corp. was slapped with a putative class action in Pennsylvania federal court on Tuesday alleging that it breached the terms of its life insurance policies by jacking up rates in an attempt to shift costs to its customers and force coverage cancellations.

  • January 18, 2017

    Doctor Escapes Claims Over Inmate's Death, Nurses Don't

    A Virginia federal judge on Wednesday concluded that a corrections facility doctor provided reasonable medical attention to an inmate who complained about breathing difficulty and died two days later, dismissing the negligence claims against him but keeping alive those leveled against the facility’s nurses.

  • January 18, 2017

    Stoel Rives Seeks Dismissal Of Claims It Aided Ponzi Plot

    Stoel Rives LLP asked a Florida federal court Tuesday to toss a proposed class action accusing the law firm of assisting in Tri-Med Corp.'s $17 million Ponzi scheme, saying the suit is based on “speculative and conclusory theories” and that Tri-Med's receiver has no standing to bring it.

  • January 18, 2017

    Anthem Customer Asks To Nix Claims After 'Invasive' Data Bid

    A named plaintiff in litigation over Anthem’s 2015 data breach asked a California federal judge to toss his claims Tuesday, saying a request that he allow the replication of his computer’s files and data is too invasive, considering that entrusting the company with his personal information previously led to him suffering identity theft.

  • January 18, 2017

    Pentax Medical Devices Carry Infection Risk, FDA Says

    The U.S. Food and Drug Administration on Tuesday updated safety information for a video tube made by Pentax Medical, warning cracks and gaps in the device can lead to an increased risk of infection.

  • January 18, 2017

    Ex-Marriott Maid Sues Fla. Hotel For Lost COBRA Coverage

    A former maid for a Marriott International Inc. hotel in Florida federal court on Tuesday filed a proposed class action against the company, saying that her rights to continued health care coverage under the COBRA Act were violated upon her termination in October 2016.

  • January 18, 2017

    Community Health Execs To Pay $60M Over Investor Suits

    A Tennessee federal judge on Tuesday signed off on a $60 million agreement Community Health Systems Inc. and its executives reached with a class of investors to settle allegations the leaders breached their fiduciary duties by allowing a massive Medicare, Medicaid and Tricare fraud scheme to play out.

Expert Analysis

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Obama's Pro-Union Impact On NLRB Won't Retire Quickly

    Adam C. Abrahms

    In recent years the National Labor Relations Board has extended its reach into employer operations with controversial decisions that have departed from longstanding precedent. However, while employers may hope the new administration might stop this expansion, with current board members and the general counsel still in office for some time, relief may be slow to come, say Adam Abrahms and Christina Rentz of Epstein Becker & Green PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Telemedicine: The Link To New Value-Based Payment Models

    Sabrina R. Gallo

    In the health care industry, both governmental and private payers are trying to move away from traditional fee-for-service payment models in favor of models based on quality or value. Telemedicine is one of the simplest and most cost-efficient methods by which to meet the objectives of the evolving payment model landscape, says Sabrina R. Gallo of Greenberg Traurig LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • In Congress: More Confirmation Hearings

    Richard Hertling

    Democrats will have a difficult time actually defeating any of President-elect Trump's cabinet nominations because of a change they made to the Senate rules to end the filibuster for executive branch nominations. Their goal is not really to defeat the nominees but to draw stark differences early on in the new administration, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.