Health

  • February 23, 2018

    Goulston & Storrs Grows Corporate Team With Boston Hire

    A former Pepper Hamilton LLP partner has joined Goulston & Storrs PC in its Boston office, adding even more depth and experience to the firm’s corporate practice with a specialist in the middle-market mergers and acquisitions and private equity spaces.

  • February 22, 2018

    Ill. Executive Inspector General To Join Schiff Hardin

    Illinois’ Executive Inspector General Maggie Hickey will join Schiff Hardin LLP as a partner in its Chicago office in April, the firm announced Wednesday, and will lead and expand the firm’s white collar defense and government investigations practice group nationwide. 

  • February 22, 2018

    Trump's Pick For Indian Health Service Head Withdraws Name

    The Trump administration’s selection to take over as director of the Indian Health Service has had his nomination withdrawn, a U.S. Department of Health and Human Services spokeswoman confirmed Thursday.

  • February 22, 2018

    4th Circ. Resurrects Medical Device Co. Investor Suit

    A split Fourth Circuit panel on Thursday revived a stock fraud suit stemming from accusations that the maker of a spinal surgery system encouraged surgeons using its system to seek fraudulent reimbursement from insurers, finding in part that the company’s alleged failure to disclose the purported scheme counted as an actionable omission.

  • February 22, 2018

    DOJ Health Fraud Vet Joins Crowell & Moring

    A seasoned U.S. Department of Justice prosecutor specializing in health care fraud has joined Crowell & Moring LLP as a partner in Washington, D.C., the firm announced Thursday.

  • February 22, 2018

    Miami Medicare Conspirator Gets 5 Years For $63M Scheme

    A Florida resident has been sentenced to five years in prison and ordered to pay $9.9 million in restitution for his role in a $63 million health care fraud scheme in which he received kickbacks for referring Medicare patients to a community mental health center, the U.S. Department of Justice said Thursday.

  • February 22, 2018

    Pa. Attys’ $38K Sanctions Halted For 3rd Circ. Appeal

    Three Pennsylvania attorneys sanctioned for lodging a groundless proposed class action against a surgery center were granted a reprieve from paying approximately $38,000 in penalties after a federal judge halted the case on Wednesday pending a Third Circuit appeal.

  • February 22, 2018

    Senior Living Center Operator Rejects $1.68B Buy Offer

    Tennessee-based operator of senior living communities Brookdale Senior Living Inc. on Thursday said it rejected a nearly $1.7 billion offer to buy the company after a yearlong strategic review process.

  • February 22, 2018

    Menendez-Connected Eye Doc Gets 17 Years For $42.6M Fraud

    Dr. Salomon E. Melgen, a Florida ophthalmologist who gained notoriety as a co-defendant with U.S. Sen. Robert Menendez in an unsuccessful bribery case, was sentenced Thursday to 17 years in prison and ordered to repay nearly $42.6 million on a conviction of massively overbilling Medicare.

  • February 21, 2018

    CEO Accused Of Tipping Ex-MLB Player Gets 2nd Mistrial

    A California federal jury deadlocked Wednesday in the retrial of a former medical device company CEO on charges connected to an alleged insider trading scheme that resulted in last year’s conviction of former Major League Baseball player Doug DeCinces, prompting the judge to declare another mistrial.

  • February 21, 2018

    Guidelines Set At 20-24 Years For Eye Doc's Fraud Sentencing

    Ahead of the sentencing hearing Thursday for politically connected Florida ophthalmologist Salomon Melgen, who was convicted of overbilling Medicare by $32 million, a federal judge calculated advisory guidelines for his punishment should be about 20 to 24 years in prison rather than the 30 years sought by prosecutors.

  • February 21, 2018

    AIG Denied Quick Win In Becton Antitrust Coverage Fight

    An AIG unit can’t dodge coverage just yet for the $67 million bill medical technology company Becton Dickinson & Co. racked up settling two antitrust suits, a New Jersey federal court said Tuesday, ruling it’s unclear whether the policies at issue cover “unfair competition.”

  • February 21, 2018

    2nd Circ. Affirms Toss Of Suit Over Rite Aid Flu-Shot Calls

    The Second Circuit held Wednesday that a lower court rightly axed claims that Rite Aid violated the Telephone Consumer Protection Act by sending prerecorded flu shot reminder messages, saying the shopper leading the proposed class action gave the retailer permission when he provided his phone number.

  • February 21, 2018

    HHS Scrubs $12B ACA Request Spotlighted By Insurers

    The U.S. Department of Health and Human Services has deleted a $12 billion request for Affordable Care Act funding after health insurers spotlighted the request and said it strengthened their legal fight for ACA funds, according to court filings late Tuesday.

  • February 21, 2018

    Houston Pharmacy Owners Deny $23M Health Fraud

    The Houston owners of Piney Point Pharmacy pled not guilty Wednesday to federal charges of money laundering, wire fraud and conspiracy in connection with orchestrating an alleged $23 million health care scheme.

  • February 21, 2018

    Meet The Forthright Judge Who Crushed A $350M FCA Verdict

    When a Florida federal judge nuked a $350 million False Claims Act verdict last month, the eye-popping reversal was announced in an opinion teeming with bare-knuckle prose — the sort of ruthless writing that has made the judge a local legal legend.

  • February 21, 2018

    Express Scripts Beats NY Pharmacy's Antitrust, Contract Suit

    A Missouri federal judge on Wednesday dismissed a New York pharmacy’s antitrust and breach of contract suit accusing Express Scripts Inc. of baiting it into a mail-order contract only to drop the deal months later, finding the relationship between the two was limited to retail-pharmacy business.

  • February 21, 2018

    Surgical Robotics Co. Reaps $118M In Private Financing

    Privately held surgical robotics company Procept BioRobotics said on Wednesday that it had secured $118 million in equity financing from a funding round led by a new investor, Connecticut-based hedge fund Viking Global Investors LP.

  • February 21, 2018

    Suspended Doc Can’t Challenge Authority Of Ky. Med Board

    A Kentucky federal judge has tossed a doctor’s constitutional challenge to the authority of the state’s medical licensing board over his temporary suspension based on initial findings that he was “impaired” on the job.

  • February 21, 2018

    Embattled Shulkin Working To Stop 'Hijack' By VA Staff

    U.S. Veterans Affairs Secretary David Shulkin, under fire after a recent watchdog report criticized his conduct related to a trip to Europe last year, continued to insist Tuesday that he will not step down, while adding he would work to stamp out a purported staff rebellion within his agency.

Expert Analysis

  • Nontraditional Health Care Programs Under The Microscope

    Paul Cirel

    Sponsored health care programs have expanded the scope of available services to include "providers" who do not offer direct medical care, but who facilitate or coordinate the provision of services by physicians and other more traditional caregivers. Difficulties in determining how to monitor these newer provider types may have kept them off the government's fraud and abuse radar for a while, but not anymore, says Paul Cirel of Todd & Weld LLP.

  • Litigation Over The Flu Shot: A New Symptom Of Flu Season

    Howard Miller

    Recent legal challenges beg the question: Can an employer lawfully require its employees to be vaccinated against the flu? Although this is a relatively straightforward question, the answer is far from simple and implicates federal, state and even local law, say Howard Miller and Jessica Moller of Bond Schoeneck & King PLLC​​​​​​​.

  • Series

    What I Learned In My 1st Year: Working For Uncle Wally

    Paul Hamburger

    My uncle asked me to research some point of law. I left his office to collect my thoughts, then went back in and asked him a question or two. He looked up and gave me his six-word answer: “Do I look like a library?” He taught me that there are no shortcuts to doing your job, says Paul Hamburger of Proskauer Rose LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Drawing A Road Map For Nationwide Health Info Sharing

    Christine Moundas

    The U.S. Department of Health and Human Services recently released its draft Trusted Exchange Framework, setting forth a guide for a public-private partnership designed to promote interoperability among health information networks. Attorneys with Ropes & Gray LLP address some of the questions that remain in evaluating whether this new voluntary arrangement will help to achieve its intended goals.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • 4 Tips For Applying Arbitration Agreements To TCPA Claims

    Michael Leffel

    With statutory damages of up to $1,500 for each call, text or fax, the Telephone Consumer Protection Act remains a hotbed of class action litigation. Attorneys with Foley & Lardner LLP discuss an additional, often overlooked, tool for defendants in TCPA cases.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Health Republic’s Curious Liquidation: Part 14

    James Veach

    On Feb. 14, Health Republic Insurance of New York's liquidator will ask the New York Supreme Court to approve its report on the present status of its liquidation, but it is what the report doesn't discuss that will be most revealing, says James Veach of Mound Cotton Wollan & Greengrass LLP in the final part of this series.