• September 25, 2017

    Houston Doc Appeals To Texas Justices In Free Speech Row

    A Houston anesthesiologist who claims she was wrongfully terminated by Memorial Hermann Health System has asked the Texas Supreme Court to review a ruling that threw out the majority of her claims against the hospital under a state free speech law.

  • September 25, 2017

    Docs Sue Insurer For Delays, Communication In Med Mal Suit

    Associated Surgeons and Physicians LLC has sued Proassurance Indemnity Co. Inc. in a case removed to Indiana federal court on Friday, saying Proassurance ruined the possibility of settling an underlying medical malpractice suit with poor communication and delays.

  • September 25, 2017

    GOP Support Falters For Last-Minute Health Care Reform Bill

    Backers of the latest effort to repeal and replace the Affordable Care Act careened off track Monday as several Republican defections appear to have derailed the bill.

  • September 25, 2017

    16 States Won't Intervene In FCA Suit Against Compounder

    Sixteen states declined Monday to intervene in a whistleblower False Claims Act suit accusing a Florida compounding pharmacy of charging Tricare, Medicare and Medicaid excessively high rates for certain compounded drugs, after the federal government previously intervened in the suit.

  • September 25, 2017

    Okla. Cancer Center Wins Bid To Move Bungled Stem Cell Suit

    An Arkansas federal judge has opted to send a negligence suit against the Cancer Treatment Centers of America to Oklahoma, ruling that even though the patient bringing the suit is an Arkansas resident, the alleged mistreatment and most of the witnesses are located over the border.

  • September 25, 2017

    Kimberly-Clark FCA Suit Tossed For Overlapping Other Case

    A Texas federal judge on Friday tossed a whistleblower suit alleging Kimberly-Clark Corp. and medical technology company Halyard Healthcare Inc. submitted false claims to the government for faulty surgical gowns, saying the allegations mirror those brought in a separate case that is pending.

  • September 25, 2017

    Judge Rips Insider Trading Suspect’s ‘Arrogance’

    A Massachusetts federal magistrate judge on Monday said he would order an evaluation for a former pharmaceutical company insider trading suspect who was jailed for a series of increasingly bizarre stunts.

  • September 22, 2017

    Fla. Nursing Home Hit With 2 More Suits Over Irma Deaths

    A Florida nursing home shut down by the state after residents died in the aftermath of Hurricane Irma was hit with two more negligence lawsuits Friday, as the death toll was increased to 11.

  • September 22, 2017

    Dignity Health Escapes Indemnity Co.'s Med Mal Claims

    A longshore mutual insurance company on Thursday lost its suit against a hospital that performed surgery on one of its member’s workers who then died, with the California federal court saying an insurer doesn’t have standing to bring wrongful death claims.

  • September 22, 2017

    Inspector General To Review Price's Use Of Private Jets

    The liberal use of chartered jets by Health and Human Services Secretary Tom Price at taxpayer expense has drawn the attention of HHS’ Office of Inspector General, which confirmed Friday to Law360 it has initiated a review of Price’s travel habits.

  • September 22, 2017

    CVS Customers Kiss Drug Packaging Claims Goodbye

    A CVS Health subsidiary beat a proposed class action on Thursday when a California federal judge found that the consumers who filed the suit spent more time talking about Hershey’s chocolate than they did about actual harm from arthritis drugs that were allegedly stored improperly.

  • September 22, 2017

    Aegerion To Pay $40M To End Host Of Juxtapid Claims

    Massachusetts-based biopharmaceutical company Aegerion Pharmaceuticals Inc. agreed Friday to pay about $40 million to end criminal and civil allegations by the U.S. Department of Justice and fraud charges brought by the U.S. Securities and Exchange Commission over an expensive cholesterol treatment.

  • September 22, 2017

    Suit Over CVS Mix-Up Belongs In State Court, Customer Says

    Attorneys for a woman who suffered brain hemorrhages after a CVS Pharmacy Inc. pharmacist allegedly dispensed the wrong medication have asked a California federal court to remand the case, saying the newly disclosed identity of the pharmacist destines the case for state court.

  • September 22, 2017

    Pharma Insider-Trading Suspect Arrested Again

    A Massachusetts man accused of an insider trading scheme involving pharmaceutical company stock ran out of second chances Friday morning, when he was arrested for allegedly failing to check in with pretrial services.

  • September 22, 2017

    Hospital Group Seeks To DQ Rival's Atty In Antitrust Suit

    Southern Illinois Healthcare asked an Illinois federal judge Thursday to disqualify the lead attorney bringing an antitrust suit against the hospital chain, saying he is also a key witness in the case and responsible for much of the plaintiff’s business affairs.

  • September 22, 2017

    McCain Opposes ACA Repeal, Imperiling Bill

    Sen. John McCain, R-Ariz., may have derailed the latest attempt to repeal and replace the Affordable Care Act, issuing a statement Friday saying he would not support the bill for its rushed nature and lack of independent analysis.

  • September 22, 2017

    Meningitis Pharmacist Shrugged Off Safety Rules, Jury Told

    A pharmacy technician told a federal jury Friday that his boss told him to fake documents, skip safety tests and use expired ingredients at a Massachusetts pharmacy linked to the 2012 fatal meningitis outbreak.

  • September 22, 2017

    EEOC Says It Will Float Wellness Rule Update By Mid-2018

    The U.S. Equal Employment Opportunity Commission has set a mid-2018 target for proposing revisions to its regulations covering employer-sponsored wellness programs, according to a status report filed on Thursday in an AARP suit that last month saw the prior rules kicked back to the agency for review.

  • September 22, 2017

    Walgreens, Benefits Manager Hit With $1.5B Antitrust Suit

    A neighborhood pharmacy in Chicago hit benefits manager Prime Therapeutics and Walgreens with a $1.5 billion antitrust suit in Illinois federal court on Thursday alleging they are working together to push the mom-and-pop shop out of the market through an anti-competitive agreement.

  • September 22, 2017

    School Can't Use Med Residents To Get $3M FICA Refund

    A Utah federal judge has denied the University of Utah’s attempt to recoup $2.9 million in taxes the school paid related to its retirement plans, ruling that a Federal Insurance Contribution Act tax exemption for student employees does not apply to medical residents.

Expert Analysis

  • Privacy Takes A Backseat To Whistleblowing Under HIPAA

    Steve Sozio

    There is no dispute about the importance of protecting patient information, and health care providers are spending significant portions of their precious resources to comply with the rigorous requirements of the Health Insurance Portability and Accountability Act. But there is one group that has received a pass when it comes to protecting patient privacy, say Steve Sozio and Katie Miler Schilling of Jones Day.

  • Opinion

    Manufacturers Must Focus On Securing The Internet Of Things

    Aristedes Mahairas

    We know internet-of-things devices are unsecure. Some say they are likely to remain unsecure. But given the increasing risk and seriousness of IoT-based attacks, manufacturers should take proactive measures to bring to market IoT devices that contain standard security protocols, says Aristedes Mahairas, special agent-in-charge of the FBI’s New York Special Operations/Cyber Division.

  • Mass. Digital Health Developments: What To Know Now

    Ellen Janos

    Digital health is now an accepted part of the health care delivery system and has been widely adopted by both health providers and consumers. However, technology is evolving quickly and counsel for businesses entering this market in Massachusetts must keep up with a complex legal and regulatory landscape, says Ellen Janos of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 3 Key Points About Mass. Employee Defamation Claims

    David Henderson

    Massachusetts employers may appreciate a short, unpublished opinion that the Massachusetts Appeals Court issued this summer because it underscores yet again the importance of the conditional privilege that generally is available to protect employers from employee defamation claims, says David Henderson, a partner with Nutter McClennen & Fish LLP.

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • Blurring The Line Between Health Care Provider And Payor

    John Chesley

    Since the passage of the Affordable Care Act, health care providers in markets around the country have started exploring the payor side of the business by sponsoring health plans. Attorneys with Ropes & Gray LLP examine some of the factors giving rise to this trend and what it might (and might not) mean for health insurance exchanges, smaller providers and the insurance markets generally.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Physician Practice Acquisitions And Antitrust Scrutiny

    Bruce Sokler

    The Washington state attorney general’s recent lawsuit to thwart and unwind the most recent expansion efforts of Franciscan Health System serves as a reminder that health care providers’ growth-through-acquisition strategies can be subject to antitrust scrutiny, regardless of the size of individual transactions, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.