Health

  • April 24, 2017

    J&J's Talc Caused Woman's Cancer, Harvard MD Tells Jury

    A Harvard epidemiologist told a Missouri jury Monday that he has reached “medical and scientific certainty” that a woman’s daily use of Johnson & Johnson’s talcum powder products for four decades was the primary reason she developed ovarian tumors.

  • April 24, 2017

    Trans VA Worker Calls For Judge's Recusal In Bias Suit

    A lawyer representing a transgender man in his discrimination suit against the U.S. Department of Veterans Affairs called for a Texas federal judge to recuse himself Monday, saying the judge made multiple comments that show he is biased against transgender individuals.

  • April 24, 2017

    Anthem, Express Scripts To Cut Ties Amid Pricing Fight

    Express Scripts Inc. announced Monday that Anthem Inc., one of its largest clients, plans to sever their relationship, as the pharmacy benefit manager faces allegations it charged the insurer inflated prices and refused to renegotiate in good faith, costing Anthem $15 billion.

  • April 24, 2017

    Minn. Adult Care Co. Can't Claim Immunity In Burn Suit

    A Minnesota state appeals court on Monday declined to toss a suit accusing an adult care facility operator of being responsible for the severe burns a patient suffered after another patient poured boiling water on him, saying the company can’t claim immunity under state law.

  • April 24, 2017

    Pharmacy Says Aetna Owes $533K For Hemophilia Drugs

    A pharmacy that specializes in treating people with hemophilia sued Aetna Inc. in Pennsylvania federal court Friday, claiming the insurer arbitrarily refused to pay more than $533,000 in claims for hemophilia drugs after promising it would.

  • April 24, 2017

    Texas Says Xerox Can't Deflect $1B Medicaid Fraud Suit

    Texas told the Texas Supreme Court on Friday that a trial judge rightly barred Xerox Corp. from trying to share the blame in a $1 billion civil Medicaid fraud suit by pointing the finger at orthodontists who allegedly recommended unnecessary services for which Xerox had processed state claims.

  • April 24, 2017

    Chiropractor, Family Get Lengthy Sentences In $29M Fraud

    An Illinois federal judge sentenced a Chicago-area chiropractor, his father and his brother to lengthy prison terms Monday after the three admitted to running a $29 million health care fraud scheme out of the chiropractor’s office.

  • April 24, 2017

    NorthWest Bids For Generation REIT With 10% Premium

    An entity of NorthWest Healthcare Properties Real Estate Investment Trust has made an offer to acquire the 77 percent of Generation Healthcare REIT it doesn't already own in a deal that values the Australian company at close to AU$500 million ($378 million), according to an announcement by the prospective buyer Monday.

  • April 24, 2017

    Fed. Circ. Revives Trauma Mannequin Patent Suit

    The Federal Circuit on Monday revived an infringement lawsuit against Strategic Operations Inc. over a patent for simulating trauma with lifelike mannequins, ruling a lower court wrongly interpreted some of the patent’s key terms.

  • April 24, 2017

    NYC-Area Spiro Harrison Opens 2nd NJ Office

    Spiro Harrison announced Monday that it will establish an office in Red Bank, New Jersey, bringing the firm, which focuses on general litigation and general counsel services for medium-sized companies, closer to clients in the real estate, health care and financial services sectors in Monmouth County.

  • April 24, 2017

    Judge Says Clinics In Meningitis Outbreak Can Blame FDA

    A Massachusetts federal judge ruled Monday that a surgery center in Tennessee that injected patients with mold-tainted drugs could try to pin the blame for a 2012 meningitis outbreak on Massachusetts and federal regulators, but not on regulators in its own state.

  • April 24, 2017

    Supreme Court Rejects Appeal Over WellCare CEO Conviction

    The Supreme Court declined to take up the former WellCare HealthCare Plans Inc. CEO's appeal of his fraud conviction Monday, denying his chance to argue that the government didn’t prove he knew what he was doing was wrong.

  • April 24, 2017

    Ky. Doctor Gets 1 Year For Improper Opioid Prescriptions

    A Kentucky physician has been sentenced to one year in prison after pleading guilty in federal court to the improper prescription of oxycodone, fentanyl and other opioids to several patients who later died from overdoses.

  • April 24, 2017

    Wireless Health Co. Strikes $2.5M HIPAA Deal

    CardioNet, a company which provides wireless health services for heart patients, will pay $2.5 million to settle claims that it violated the Health Insurance Portability and Accountability Act by not properly protecting patients’ electronic health information, the federal government announced Monday.

  • April 24, 2017

    Deals Rumor Mill: Hypermarcas, Whole Foods, Abraaj Group

    Johnson & Johnson, Novartis and Takeda Pharmaceutical are among those interested in buying Brazil's Hypermarcas, Albertsons is looking into a takeover of Whole Foods, and private equity firm Abraaj Group hopes to raise up to $4.5 billion before the end of June so it can hold a first close on what will ultimately be its largest-ever investment fund.

  • April 24, 2017

    Cancer Center Co. Can't Dodge Breach Claims, Court Told

    Cancer treatment center operator 21st Century Oncology can’t shake claims over a data breach that affected more than 2.2 million patients’ personal information, a group leading multidistrict litigation told a Florida federal court Friday, contending that they have standing and have sufficiently pled their claims.

  • April 23, 2017

    Skadden, Wachtell Guide $24B Medical Supply Co. Deal

    Becton Dickinson and Co. has agreed to pay $24 billion to acquire fellow medical supply company C.R. Bard Inc., the companies said on Sunday, in a deal guided by Skadden Arps Slate Meagher & Flom LLP and Wachtell Lipton Rosen & Katz.

  • April 21, 2017

    2 More Charged In Female Genital Mutilation Case

    A husband and wife were arrested Friday near Detroit for allegedly participating in a conspiracy that involved performing female genital mutilation on minors, the U.S. Department of Justice said Friday, about a week after the doctor who is accused of performing the procedures was arrested.

  • April 21, 2017

    Ex-Univ. Of Texas Doc’s Retaliation Suit Nixed By Court

    A Texas state appeals court on Friday tossed a former University of Texas doctor’s suit claiming his contract wasn’t renewed because he complained about racial discrimination and other mistreatment, saying the doctor didn’t disprove the hospital’s assertion that he had poor patient treatment evaluations.

  • April 21, 2017

    No Doubt Talc Can Enter Body, Jury Told In J&J Cancer Trial

    A pharmacology and toxicology expert called by a woman alleging she developed ovarian tumors after using Johnson & Johnson’s talcum powder products told a Missouri jury Friday that it is indisputable that particles, such as talc, can enter the female reproductive system from external use.

Expert Analysis

  • Protecting Communications From PR Privilege Issues

    Donna Fisher

    Two recent opinions out of Pennsylvania and California state courts offer important lessons for avoiding claims of privilege waiver when using public relations consultants during litigation, say attorneys with Pepper Hamilton LLP.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    Catch up if you missed last week's special series spotlighting general counsel at four firms and the issues they encounter in an increasingly complex legal environment.

  • In Congress: A Major Fiscal Deadline

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    The current continuing resolution expires at midnight on April 28, leaving Congress very little time to strike a deal to keep the government funded and avert a shutdown. Complicating things are reports that the White House may also be pressuring House leadership to schedule a vote this week on a new version of the health care “repeal and replace” bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • What Current Legal Developments Mean For Biosimilars

    Lisa M. Ferri

    It looks as though 2017 may be the most pivotal year yet for the Biologics Price Competition and Innovation Act. We may finally see relative consistency and certainty in its applications, allowing us to see whether or not the BPCIA can lower drug prices without compromising patient safety, say Lisa Ferri and Christopher Mikson of Mayer Brown LLP.

  • A Closer Look At 'Preemptive' Federal Contract Terms

    Lawrence Ebner

    Subrogation of insureds’ third-party claims is not a subject that excites too many lawyers, but the U.S. Supreme Court’s decision Tuesday in Coventry Health Care of Missouri Inc. v. Nevils will be of interest to anyone who tracks the court’s federal preemption jurisprudence, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Opinion

    Why Roe V. Wade Will Not Be Overturned

    Donald Scarinci

    The threat that abortion will become illegal again by overturning Roe v. Wade has been a blockbuster campaign slogan in presidential elections for the last 40 years. Like most campaign rhetoric, this threat is not based in reality, says Donald Scarinci, managing partner of Scarinci Hollenbeck LLC.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • A Circuit Split At Intersection Of Title VII And Title IX

    John Barry

    Prior to the Third Circuit’s opinion in Doe v. Mercy Catholic Medical Center, the question of whether Title VII provides the exclusive remedy for individuals alleging employment discrimination on the basis of sex in federally funded educational institutions had not been visited in nearly 20 years. This decision revived a split that has since existed among the circuit courts, say John Barry and Edna Guerrasio of Proskauer Rose LLP.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.