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Health

  • May 25, 2018

    Bad Jury Charge Nixes $1.9M Med Mal Award: Texas Justices

    The Texas Supreme Court on Friday tossed a $1.9 million jury verdict in a medical malpractice suit over a botched hysterectomy, saying the trial judge’s jury instructions improperly allowed the jury to consider an invalid theory of liability.

  • May 25, 2018

    5 Flash Points As FDA Gets Earful On Compounding Guidance

    The U.S. Food and Drug Administration’s move to dramatically curtail large-scale compounding of lower-cost drugs is stoking fiery debate about benefits for patient safety and possible drug shortages. 

  • May 25, 2018

    Monopoly Argument Falls Short In Bid For New Fla. Hospice

    A Florida appeals court ruled Friday that despite the presence of a regional monopoly in hospice services in and around Sarasota County, the state's health administrative agency acted within its legal rights when it denied a certificate of need application for a new provider based on other factors.

  • May 25, 2018

    Fla. High Court Won't Lift Stay In Pot Right-To-Grow Appeal

    A Florida man who won an order allowing him to grow marijuana for his medical use will have to wait until the state's appeal plays out before possibly gaining access to the plant, as the Florida Supreme Court on Friday denied his request to vacate the appeals court's stay.

  • May 25, 2018

    21st Century Oncology Escapes Contract Fraud Claims

    A New York bankruptcy judge on Friday dismissed a whistleblower’s claims that the cancer treatment chain 21st Century Oncology bribed and threatened its way to a contract with a Florida health system, saying he had not supplied the specifics to back the accusation.

  • May 25, 2018

    Del. High Court Lets Contempt Order Be Enforced In IP Suit

    The Delaware Supreme Court has ruled that a court may enforce contempt orders and sanction a medical software developer who disobeyed court orders during intellectual property licensing dispute proceedings, even if the lower court finds that it lacks personal jurisdiction over him.

  • May 25, 2018

    BCBS Wants Instant Appeal Of Per Se Ruling In Antitrust MDL

    Blue Cross Blue Shield insurers urged an Alabama federal judge on Thursday to allow for an immediate appeal of a ruling that found they have to face the strict per se standard, which presumes that an alleged plot to divvy up geographic markets by the insurance plans was unlawful.

  • May 25, 2018

    Fired Recruiter Must Arbitrate Bias Claim In NY: NJ Court

    The New Jersey Appellate Division ruled Friday that a fired hospital recruiter must arbitrate his discrimination claim in New York state because the arbitration clause and forum selection provision in his work contract "clearly and unambiguously" specified as much.

  • May 24, 2018

    Bryan Cave Partner Exits LabMD's Cover-Up Suit, For Now

    A New York federal judge Thursday dismissed without prejudice a cover-up suit that a cancer screening lab brought against Bryan Cave Leighton Paisner LLP and a partner just a few weeks ago, finding that LabMD Inc. failed to adequately plead subject matter jurisdiction.

  • May 24, 2018

    Teledentistry Co. Hits Ga. Dentistry Board With Antitrust Suit

    Teledentistry company Smile Direct Club LLC has slapped Georgia’s Board of Dentistry with a lawsuit in Georgia federal court accusing it of impermissibly restricting trade through a recently passed rule that requires a licensed dentist to supervise digital scans used to fit orthodontic aligners for straightening crooked teeth.

  • May 24, 2018

    Alabama Hospital Beats Ex-Accounts Clerk's Harassment Suit

    An Alabama health network fired an accounts clerk for giving board members’ personal email addresses to a debt collector, not because she complained to the U.S. Equal Employment Opportunity Commission about being sexually harassed by her boss, an Alabama federal judge said in an opinion filed Thursday.

  • May 24, 2018

    Aetna Says Law Firm Responsible For Health Info Breach

    Aetna Inc. has filed suit in Pennsylvania federal court accusing the class counsel in two underlying privacy suits against the insurer of being responsible for a settlement mailing that allegedly violated members’ privacy anew by potentially revealing their HIV status and launched a new round of litigation.

  • May 24, 2018

    Howmedica's Decade Of Misconduct Won Zimmer $13M Fees

    A New Jersey federal judge ordered Howmedica to pay Zimmer Biomet $13.3 million in attorneys’ fees as part of a long-running patent dispute because Howmedica repeatedly misled the U.S. Patent and Trademark Office and spent 10 years pursuing claims it knew were baseless, according to an opinion made public Wednesday.

  • May 24, 2018

    EBH Gets Interim Approval To Tap Into $14.2M Ch. 11 Loan

    Bankrupt addiction treatment network EBH TopCo LLC received interim court approval Thursday in Delaware to draw down on a portion of its $14.2 million debtor-in-possession loan as it pursues a sale to secured senior lenders.

  • May 24, 2018

    Cigna, American Specialty Colluded To Charge Plans: Suit

    Cigna and American Specialty Health were hit with a proposed Employee Retirement Income Security Act class action in California federal court on Wednesday, accusing them of colluding to saddle members and plans with the charges American Specialty incurs for processing claims and administering a network on Cigna's behalf.

  • May 24, 2018

    Boston Jury Awards Nurse $28M In Hospital Retaliation Suit

    A 70-year-old Haitian-American nurse won a $28 million retaliation jury verdict on Wednesday in a suit against a renowned Boston hospital after claiming the hospital wrongly started investigating her for allegedly poor patient care after she came to the aid of another nurse she believed was being verbally abused.

  • May 24, 2018

    Senate Sends $55B VA Reform Bill To Trump

    The Senate has overwhelmingly passed a $55 billion bill that would overhaul how the U.S. Department of Veterans Affairs pays for private care and would also expand the agency's popular caregiver program. 

  • May 24, 2018

    Pfizer Pays $24M To End Medicare Copay Kickback Claims

    Pfizer Inc. will pay $23.8 million to resolve allegations that it used a charitable organization to provide kickbacks to Medicare patients who took certain drugs manufactured by the pharmaceutical giant, the U.S. Department of Justice announced Thursday.

  • May 24, 2018

    Kirkland Guides LNK's $100M Investment In Dermatology Biz

    Private equity firm LNK Partners, with assistance from legal adviser Kirkland & Ellis LLP, has agreed to inject $100 million into Schweiger Dermatology Group to help the dermatology practice expand throughout the Northeast, according to a Thursday statement.

  • May 23, 2018

    NY Doc Convicted For Distributing Opioids That Killed 2

    After five weeks of trial, a federal jury on Wednesday convicted a Long Island, New York, doctor of causing the overdose deaths of two patients by illegally distributing the opioid oxycodone, leaving him to face a mandatory minimum sentence of 20 years in prison plus a $10 million fine.

Expert Analysis

  • Insurers Use Calif. Fraud Law Against Health Providers

    Zachary Rothenberg

    California's Insurance Fraud Prevention Act has emboldened car insurance companies to sue health care providers for allegedly overcharging patients whose bills are ultimately paid by the insurers in personal injury claims. As IFPA suits become increasingly common, health care providers should take precautions to minimize their exposure, says Zachary Rothenberg of Nelson Hardiman LLP.

  • Officials Must Note Financial Conflict Of Interest Law

    Adam Raviv

    The director of the U.S. Centers for Disease Control was forced to resign earlier this year after her investment manager purchased stock in tobacco and pharmaceutical companies on her behalf, creating a conflict of interest with her official role. The incident highlights how important it is for public officials to understand the conflict of interest statute and structure their investment arrangements accordingly, say attorneys with WilmerHale.

  • Post-Dynamex Considerations For Calif. Health Care Cos.

    Gregg Fisch

    Now that the California Supreme Court's lengthy opinion in Dynamex Operations West v. Superior Court of Los Angeles County has been digested, there are two main employee classification questions for California health care companies, say Gregg Fisch and Aytan Dahukey of Sheppard Mullin Richter & Hampton LLP.

  • Health Tech Is The New Focus For Cybersecurity Policy

    Elliot Golding

    Over the last year, government reports, enforcement actions and new regulatory proposals have thrown health care technology into the limelight. While the Health Insurance Portability and Accountability Act is already one of the country's most robust privacy and security laws, the government is seeking to fill some significant gaps in regulation, says Elliot Golding of Squire Patton Boggs.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • FDA Notices Show Agency Is All In On Tobacco Regulation

    Paul Cicelski

    In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.

  • Highlights Of Proposed Medicare Payment And Policy Rules

    Kathleen Rubinstein

    The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.

  • A Look Inside Trump's 4-Point Plan For Curbing Drug Prices

    Tom Bulleit

    President Donald Trump recently outlined his administration’s plan for lowering prescription drug prices. Tom Bulleit and Kirsten Mayer of Ropes & Gray LLP break down the key proposals and assess the likely paths forward.

  • FCA Questions That High Court May Address Next Term

    Michael Waldman

    Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.