Health

  • June 23, 2017

    Free Clinic Immune From Med Mal Suit, Ill. Court Says

    An Illinois free clinic and two of its staff members are immune from liability in a medical malpractice suit alleging a patient suffered a massive heart attack as a result of negligence on behalf of the doctor, nurse and clinic as a whole, an Illinois appellate court ruled Thursday.

  • June 23, 2017

    Fla. Gov. OKs Bill To Implement Med. Marijuana Expansion

    Florida Gov. Rick Scott signed legislation Friday to implement a recently passed state constitutional amendment broadening legalization of medical marijuana, a bill that establishes a framework for the state Department of Health to follow in forming rules and regulations for patients, healthcare providers and the supporting industry.

  • June 23, 2017

    NJ Doctor Loses Jury Verdict Appeal In Post-Op Death Suit

    A New Jersey state appellate court upheld on Friday a jury verdict against a surgeon accused of bungling an elderly patient’s post-operative care and causing her death from septic shock, ruling that the patient’s estate had made its case and that the trial judge was right to bar a defense witness.

  • June 23, 2017

    NJ Court Tosses $1.4M Fees Award In Equipment Lease Row

    A New Jersey appeals court on Friday vacated a more than $1.4 million attorneys' fees award to counsel for Tangible Secured Funding in an equipment lease dispute with a medical imaging center, finding the award unreasonable in multiple respects, including because one of the company's lawyers was not licensed to practice in New Jersey.

  • June 23, 2017

    Ex-NFLers Say Workers' Comp No Bar To Painkiller Claims

    Two former NFL players with claims against three teams, who remain from a larger suit against all 32 teams alleging players were encouraged to abuse painkillers, told a California judge Thursday the three remaining teams cannot dodge claims as being covered by state workers’ compensation laws.

  • June 23, 2017

    $10M Settlement Struck In Providence-Matrix Deal Suit

    The sides in the lawsuit over Providence Service Corp.’s $400 million purchase of Matrix Medical Group told the Delaware Chancery Court on Friday they’d resolved the dispute with a settlement that would see $10 million, minus attorneys’ fees and expenses, paid to the investor class that challenged the deal.

  • June 23, 2017

    Texas Justices To Hear Hospital's Insurance Discovery Row

    The Texas Supreme Court on Friday decided to hear oral arguments in a dispute between North Cypress Medical Center Operating Co. Ltd. and an uninsured patient in which the hospital is seeking reversal of a trial court's order requiring it to disclose insurance reimbursement rates.

  • June 23, 2017

    Nursing Home Can’t Arbitrate Wrongful Death Row: Ga. Court

    A Georgia appellate court Thursday rejected a nursing home operator’s attempt to arbitrate wrongful death allegations brought by the daughter of a late patient, affirming a lower court’s finding that the arbitration agreement at issue was unenforceable because the deceased hadn’t signed it herself.

  • June 23, 2017

    Bankrupt Hospital Laundry Co.'s $125M Sale To KKR OK'd

    A New York bankruptcy judge on Friday approved the $125 million sale of Angelica Corp. to a KKR & Co. LP affiliate, saying he was satisfied the medical laundry and linen management company had fielded the best offer to continue as a going concern when it emerges from Chapter 11.

  • June 23, 2017

    Philly Nonprofit Boss Convicted In $1M Fraud Scheme

    The politically connected head of a Philadelphia nonprofit mental health clinic was convicted on federal charges on Friday for misappropriating what prosecutors claim may have been up to $1 million in funds from the facility.

  • June 23, 2017

    Ill. AG Can Represent State Worker In Workers' Comp Row

    Illinois’ attorney general is the only appropriate representative for the state’s Department of Central Management Services in a workers' compensation case, despite CMS’ argument that it should have special counsel in the case, an Illinois appeals court ruled on Thursday.

  • June 23, 2017

    Anthem Inks Record $115M Deal Over Massive Data Breach

    Anthem Inc. has agreed to a deal valued at $115 million to end litigation over a massive 2015 data breach, creating a pool of funds to provide credit protection and reimbursement for customers and up to $38 million in attorneys’ fees in the largest-ever data breach settlement, class attorneys said Friday.

  • June 23, 2017

    Brazil Antitrust Agency Probes Alleged Medical Supply Cartel

    Brazil's antitrust regulator on Thursday said it has launched two sets of administrative proceedings against several companies, individuals and industry associations for allegedly fixing prices of orthoses, prostheses and special medical supplies.

  • June 23, 2017

    Dialysis Co. Says United Is Dragging Its Feet On Discovery

    American Renal Associates LLC asked a Florida federal court Thursday to order UnitedHealthcare Inc. to immediately produce documents requested months ago in a suit accusing ARA of improperly profiting by pushing Medicare- and Medicaid-eligible patients to commercial health plans.

  • June 23, 2017

    House Debates Whether Atty 'Bad Drug' Ads Harm Patients

    Attorney advertisements touting the dangerous side effects of drugs should be better regulated because they can cause patients harm, some members of a U.S. House of Representatives Judiciary Committee subcommittee said in a contentious hearing Friday morning.

  • June 23, 2017

    Texas Court Nixes $31M Suit Against Nursing Home Execs

    A Texas state appellate court has ruled that a lower court doesn’t have jurisdiction to handle a suit brought by a nursing home patient's daughter in which she tried to force the nursing home’s executives to pay a $31 million judgment she obtained against the now-bankrupt company that operated the facility.

  • June 23, 2017

    NY Post Tells Judge It Stands By 'Biggest Loser' Exposé

    The New York Post on Friday told a federal judge that it stands by its May 2016 reports detailing how weight-loss contestants on a television show called “The Biggest Loser” went to extremes to drop pounds, including by using drugs, after a doctor sued, claiming the paper defamed him.

  • June 23, 2017

    Feds Seek 35 Years For Pharmacist In Meningitis Outbreak

    Federal prosecutors told a Massachusetts federal judge that a pharmacist convicted of racketeering for his role in the deadly 2012 meningitis outbreak deserves to be jailed for 35 years, a sentence the government says is merited by the enormous human devastation that he left in his wake.

  • June 22, 2017

    Feds, Shkreli Trade Claims Of Dubious Witness Tricks

    A federal prosecutor on Thursday told a New York federal judge that a relative of former pharmaceutical executive Martin Shkreli had contacted a witness and implied they should not testify, while Shkreli's lawyers warned that the government may be scaring off defense witnesses from the securities fraud trial.

  • June 22, 2017

    5 Key Takeaways From Senate's ACA Repeal Bill

    The U.S. Senate's legislation to repeal much of the Affordable Care Act encountered substantial criticism on Thursday, with conservatives branding it too modest and experts warning that it might destabilize insurance markets. Here are five key takeaways from the newly unveiled bill.

Expert Analysis

  • Provider Concerns When Recommending Medical Marijuana

    Michaela Poizner

    When it comes to medical marijuana, health care providers are in an awkward — but not impossible — spot. In many cases, state and federal laws governing medical marijuana are in direct conflict, leaving providers who want to encourage their patients to use marijuana on shaky legal ground, says Michaela Poizner of Baker Donelson.

  • Ambiguous Regulation May Not Preclude FCA Liability

    Michael Prendergast

    The recent Lincare opinion gives notice that, at least in the Eleventh Circuit, regulation ambiguity alone will not provide an impenetrable shield against False Claims Act liability for contractors, say Michael Prendergast and Jerome Hoffman of Holland & Knight LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • 7th Circ. Hospital Ruling Provides Exclusive-Dealing Lessons

    Steven Cernak

    Antitrust courts will take a close look at a series of exclusive agreements entered into by a company with an arguably high market share. However, as shown by the district court and Seventh Circuit decisions in the recent Illinois hospitals case, the evaluation will look beyond the words in the agreement to analyze their effect, if any, on competition and the competitive process, says Steven Cernak of Schiff Hardin LLP.

  • How The FCA Is Weeding Out Medicare And Medicaid Fraud

    Sarah Coyne

    If Medicare and Medicaid managed care is a garden, then false claims are the weeds. Accordingly, the government is ratcheting up its enforcement efforts in the managed care arena (the garden) using the False Claims Act (the weed killer). One particularly illustrative example is the recent settlement agreement reached in Miller v. CareCore National, say Sarah Coyne and Jon Kammerzelt of Quarles & Brady LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Rebuttal

    Flawed Commentary Can't Stop Trans Rights Momentum

    Raymond Wendell

    In a recent Law360 guest article, Jordan Lorence of Alliance for Defending Freedom argues that the Seventh Circuit misapplied Title IX in its recent decision in Whitaker v. Kenosha Unified School District. But to reach his conclusion, he mischaracterizes the facts and reasoning of the case as well as the law on which it relies, say Raymond Wendell and Ginger Grimes of Goldstein Borgen Dardarian & Ho.

  • FCA Lessons From A Year Of Escobar

    Thomas Gallagher

    Immediately following the U.S. Supreme Court's Escobar decision, it was unclear how defendants would be able to fend off implied false certification claims based on the Escobar standard. But the past year has shown that the heightened standard has teeth and that courts can, and will, dismiss False Claims Act complaints on materiality grounds, even before discovery, say attorneys with Pepper Hamilton LLP.

  • The Evolution Of Opioid Suits And Insurance Coverage

    Adam Fleischer

    In the midst of the worst drug crisis in American history, two key developments this month may have far-reaching impacts on both the underlying liability claims as well as the insurers to whom the defendants are looking to finance hundreds of millions of dollars in exposure, says Adam Fleischer of BatesCarey LLP.

  • Examining State Law Claims Under ERISA At 2nd Circ.

    Caroline Turner English

    The Second Circuit's recent decision in McCulloch Orthopaedic Surgical Services v. Aetna has important positive implications for medical providers seeking to assert state law claims against health care payers governed by the Employee Retirement Income Security Act and their third-party administrators, say attorneys with Arent Fox LLP.