Health

  • November 25, 2020

    Fla. Health Clinics Get Atty Fee Award Tossed In Injury Case

    A Florida appeals court on Wednesday reversed a trial court's order allowing a law firm to receive its contingency fee from a personal injury settlement ahead of the health care providers who administered care in exchange for a cut of any deal, saying further proceedings are necessary.

  • November 25, 2020

    EU Regulatory Plan Targets Big Pharma Competition, Mergers

    The European Commission on Wednesday adopted a plan to develop a regulatory framework by 2022 to increase access to cheap generic drugs by cracking down on anti-competitive behaviors by pharmaceutical companies across the European Union.

  • November 25, 2020

    NY Court Says Special Needs Patient's Injury Claims Barred

    In a case of first impression, a New York appellate court has ruled that a special needs teen allegedly injured by a hospital can't pursue certain claims, saying a state social services law protecting special needs patients doesn't allow for private lawsuits.

  • November 25, 2020

    Appeals Court Says NJ Medical Pot Permit Scoring Is Flawed

    A New Jersey appellate panel said Wednesday there were serious problems with the way the state scored medical marijuana permit applications, sending the state's Department of Health back to reconsider applications submitted by rejected companies.

  • November 25, 2020

    NJ Gym Can't Halt Civil Case Over Flouting Virus Shutdown

    A New Jersey gym facing an enforcement order and hefty fine after defying Gov. Phil Murphy's COVID-19 shutdown orders can't get a civil lawsuit against it paused while the gym's owners battle criminal charges, a state judge has ruled.

  • November 25, 2020

    SmileDirect Tries To Save Calif. Dental Board Suit At 9th Circ.

    SmileDirectClub has told the Ninth Circuit that a California federal court was wrong to find that what the company calls a harassment campaign by the state's dental board was instead a proper exercise of its regulatory authority.

  • November 25, 2020

    GAO Says $75M DOD Health IT Support Deal Was Fair

    The U.S. Government Accountability Office denied a protest over a $75.3 million Defense Health Agency program management deal, saying the awardee wasn't advantaged by access to the protester's personnel information, much of which was public on LinkedIn anyway.

  • November 25, 2020

    UnitedHealth Fights 'Game-Changer' ERISA Class Action Loss

    United Behavioral Health is fighting a first-of-its-kind court order to reprocess 67,000 claims after a judge nixed the insurer's guidelines for covering behavioral health treatment, in a case that has huge implications for the future of Employee Retirement Income Security Act class actions over treatment denials.

  • November 25, 2020

    Hospital, Clinic Duel Over 7th Circ. Reach In Antitrust Suit

    An outpatient center told the Seventh Circuit Tuesday that the court doesn't have jurisdiction to revive its claims against a hospital chain it accuses of negotiating insurance contracts that cut competitors out of insurance networks, saying the matter must be sent back to the district court for a new summary judgment decision.

  • November 25, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    Sport Supplement Co., Owner Plead Guilty Over Steroids

    The U.S. Department of Justice on Wednesday announced that a North Carolina man and his sport supplement company pled guilty to a felony charge for illegally distributing steroids with the intent to defraud consumers and the U.S. Food and Drug Administration and agreed to forfeit $1.2 million.

  • November 25, 2020

    Suit Says 'Infant' Fever Drugs Are Same As 'Children' Drugs

    Parents who bought infant fever medication made by Prestige Consumer Healthcare Inc. are suing the company in California federal court, alleging in a proposed class action that the drugs are the same dosage and formula as the medication labeled for children, but at nearly double the price.

  • November 25, 2020

    Embattled Energy Exec Charged In $317M N95 Mask Scheme

    A Houston energy executive already facing criminal fraud charges related to what jurors determined was infringement on Chevron's trademark has now been accused of duping an Australian state into paying $317 million for non-existent N95 face masks.

  • November 24, 2020

    Claims Court Allows FEMA To Continue COVID-19 Test Deal

    A U.S. Court of Federal Claims judge refused Tuesday to stop the Federal Emergency Management Agency from proceeding with a $48 million contract for COVID-19 testing that's under protest, saying the benefits of the deal outweighed the potential reasons for an injunction.

  • November 24, 2020

    Telehealth Platform Can't Oust Medical Pot Co., Judge Says

    An Illinois federal judge said on Monday that a cannabis telehealth service could not evict a medical marijuana business from its platform even if some of the company's practices were questionable, saying there was no material violation of the pair's agreement.

  • November 24, 2020

    Groups Sue Trump To Block New Drug Import Rule

    An organization representing top pharmaceutical research firms and two health care advocacy groups have sued the Trump administration in D.C. federal court to block a new federal policy allowing states, tribes, pharmacists and wholesalers to import certain prescription drugs from Canada without approval from drug manufacturers.

  • November 24, 2020

    Cook County Escapes FCA Suit Over Grant Funds, For Now

    An Illinois federal judge on Tuesday dismissed Cook County from a False Claims Act suit brought by the government on behalf of a former public health employee alleging the county defrauded the U.S. of millions in federal grant funds, saying she hasn't offered necessary details about the scheme.

  • November 24, 2020

    Mass. Panel Won't Revive Care Attendant's Wage Suit

    A Massachusetts personal care attendant's wage and hour lawsuit against a state agency and two disability assistance organizations can't proceed because she is employed by her patient, not those entities, the Massachusetts Appeals Court ruled Tuesday.

  • November 24, 2020

    No Discrimination Ban For Medical Pot Patients, Hospital Says

    A Pennsylvania hospital system urged a federal judge to throw out parts of a discrimination lawsuit filed by a former employee who was fired after testing positive for marijuana, saying state courts have rejected the idea that medical pot use is protected.

  • November 24, 2020

    HHS Says It's Working With Biden, Touts AstraZeneca Vaccine

    After appearing to hedge last week on the potential of a Joe Biden transition, the head of the U.S. Department of Health and Human Services said Tuesday that he's working with the president-elect's team and that the agency has high hopes for one of AstraZeneca's coronavirus vaccine candidates.

  • November 24, 2020

    Suit Says DaVita Cos. Broke Pay Promise During Pandemic

    DaVita subsidiaries denied workers premium pay after the Trump administration declared a public health emergency in response to the novel coronavirus, despite a written policy to pay enhanced wages during a declared emergency, according to a proposed class action removed to Washington state federal court.

  • November 24, 2020

    11th Circ. Affirms Doctor's Prescription Kickback Conviction

    A Georgia doctor was not harmed by a trial court's erroneous jury instruction over his involvement in a prescription kickback scheme that defrauded the federal government's Tricare military health insurance program, the Eleventh Circuit said in a published opinion Tuesday, affirming his convictions.

  • November 24, 2020

    Mallinckrodt Ch. 11 Pauses Express Scripts Antitrust Claims

    The court overseeing Mallinckrodt's bankruptcy proceedings has paused the city of Rockford, Illinois' separate antitrust case against Express Scripts for allegedly working with the troubled drug company to inflate prices of the hormone treatment Acthar.

  • November 24, 2020

    Judge Won't Bar Killed Witness' Info From Ex-NFLers' Trial

    A Kentucky federal judge on Tuesday refused to block the use of testimony linked to the cellphone of a slain cooperating witness in an upcoming health care fraud trial against former NFL players.

  • November 24, 2020

    EEOC Nabs $310K Recovery In Race, Sex Harassment Suits

    Tegra Medical LLC agreed to pay $240,000 to end a U.S. Equal Employment Opportunity Commission suit claiming the company sat idly by as female workers faced lewd comments and unwanted advances, while the operator of Smashburger reached a $70,000 deal to wrap up a racial harassment case, the EEOC said Tuesday.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • 5 Tips For In-House Counsel Anticipating Cyber Class Actions

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    In light of a 270% increase in data breaches this year, and the attendant class actions, in-house counsel can prepare to efficiently manage litigation by focusing on certain initial steps, ranging from multidistrict litigation strategy to insurance best practices, say David McDowell and Nancy Thomas at MoFo.

  • UnitedHealth ERISA Ruling Exposes Faults In Health Coverage

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    Perhaps one of the most significant health insurance decisions ever, a California federal court’s recent ruling that Employee Retirement Income Security Act violations require a UnitedHealth subsidiary to reconsider 50,000 denied mental health treatment claims reveals how insurers' decisions sometimes disregard generally accepted care standards, says Mark DeBofsky at DeBofsky Sherman.

  • NJ Cannabis Strides Highlight Nearby States' Need To Legalize

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    As New Jersey's ballot measure approving adult-use cannabis gives the state a strong head start in the race to legalization, neighboring states Pennsylvania, New York and Connecticut need to move quickly to follow suit or risk losing out on significant cannabis tax revenue, say attorneys at Saul Ewing.

  • Surveying Drug Pricing Reform: The Latest State Activity

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    Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Where Data Privacy And CFPB Are Headed Under Biden

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    Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

  • A Forgotten But Effective Tool Against Opioid Scams

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    With the pandemic contributing to rising rates of opioid and substance use disorders, prosecutors should consider the regrettably underused Eliminating Kickbacks in Recovery Act as a tool for targeting and shutting down body brokers and others in the treatment industry that place profits above patients, say Michael Adelberg and Matthew Rubin at Faegre Drinker, and Melissa Garrido at Boston University.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • How Federal Virus Liability Law Will Apply To Vaccine Claims

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    Three federal court decisions addressing the Public Readiness and Emergency Preparedness Act suggest that the law likely preempts state claims related to a COVID-19 vaccine, but is unlikely to cover the failure to administer the vaccine, says Nathan Adams at Holland & Knight.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • How Managing Enterprise Risk Can Help Hospitals In Crisis

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    As hospitals and health care systems manage the challenges of the pandemic, integrating enterprise risk management principles into existing business practices can help reduce performance variation, reveal new business opportunities and develop resiliency, says Keith Smith at Moore & Van Allen.

  • 5 Red Flags For Pandemic-Related Investment Scams

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    As the U.S. Securities and Exchange Commission clamps down on fraudsters seeking funding for pandemic-related products and services, several warning signs can help identify investment scams, says Alan Rosca at Goldman Scarlato.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

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