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Health

  • February 19, 2019

    2nd Recent FTC Split OKs Fresenius $2B Merger With Fixes

    In its second split decision in the past month, the U.S. Federal Trade Commission announced Tuesday that Germany's Fresenius Medical Care AG & Co. can go forward with its $2 billion deal for Massachusetts-based medical technology company NxStage Medical Inc. with a divestment.

  • February 19, 2019

    Witness Says He Betrayed Esformes After Suicide Suggestion

    A key government witness put an exclamation point on Tuesday's testimony in the $1 billion health care fraud trial of Philip Esformes, holding little back in recounting his reaction when the Miami nursing home mogul allegedly suggested the witness should kill himself rather than face charges related to their alleged scheme.

  • February 19, 2019

    Opioid MDL Atty Gets Heat For Ripping Purdue 'Scumbags'

    A prominent plaintiffs attorney in the opioid multidistrict litigation has been accused of misconduct after denouncing the family that owns OxyContin maker Purdue Pharma LP as “scumbags” akin to “Mexican cartels,” Law360 has learned.

  • February 19, 2019

    Chancery Awards Legal Costs In DAVA-Endo Merger Case

    The Delaware chancellor on Tuesday awarded $70,000 for legal costs to an investor trust that filed a proposed class action over flawed approvals issued in connection with DAVA Pharmaceuticals Inc.’s $600 million merger with Endo Pharmaceuticals Inc., finding that the deficient approvals had "potential to wreak havoc later."

  • February 19, 2019

    Law360's Tort Report: Personal Injury & Med Mal News In Brief

    A New Jersey utility’s $19.2 million settlement of a fatal gas explosion suit and medical malpractice litigation over the death of Jefferson Airplane singer Marty Balin lead Law360’s Tort Report this week, an occasional feature that compiles recent personal injury and medical malpractice news items that may have flown under the radar.

  • February 19, 2019

    Generics Cos. To Face Most State Claims In Price-Fixing MDL

    A Pennsylvania federal judge has largely refused to cull state law claims accusing numerous generic-drug makers of conspiring to fix prices, with only a handful of claims nixed from the massive multidistrict litigation on technical grounds.

  • February 19, 2019

    Health Cos.' Weakness Defense Won't Fly In Price-Fixing Suit

    A Washington federal judge on Tuesday gave the state attorney general's office a partial win on antitrust claims against two health care companies, knocking down their defense that they would have been weakened without making allegedly anticompetitive deals.

  • February 19, 2019

    Ex-CEO Accused Of Bilking Western NY Health Referral Co.

    The former CEO of eHealth Global Technologies has been charged with fraud by federal prosecutors in Rochester, New York, who accuse him of using a recruiting outfit purportedly owned by his wife to bill his former company $455,000 and take a cut of the proceeds, according to a Tuesday release.

  • February 19, 2019

    Operating Losses Deliver Medical Courier Firm Into Ch. 11

    A specialty courier company that provides delivery service to customers in the medical and financial industries hit Chapter 11 Monday in Delaware, citing years of operating losses as a new owner tried to shift its business model as the trigger for its insolvency.

  • February 19, 2019

    High Court Won't Hear Fight Over Md. Price-Gouging Law

    The U.S. Supreme Court dealt a final blow Tuesday to a landmark Maryland law aimed at stopping generic-drug makers from price gouging when it refused to review the Fourth Circuit's decision that the law is unconstitutional. 

  • February 19, 2019

    HHS Denies It Owes Neb. Tribe $2.1M For Health Services

    The U.S. Department of Health and Human Services told a D.C. federal court Friday that it doesn’t have to fork over $2.1 million sought by the Winnebago Tribe of Nebraska under its contracts to provide health services using federal funding, saying it’s already paid all the contract support costs it owes the tribe.

  • February 19, 2019

    UT Cancer Center Says Doc's Decision Didn't Affect Immunity

    If an MD Anderson Cancer Center patient's death was caused by a medical judgment error and not by negligent use of state property, the resulting claim must be barred by sovereign immunity, the hospital's attorney told the Texas Supreme Court in oral arguments on Tuesday.

  • February 19, 2019

    Illinois Hospital, Docs To Settle Malpractice Suit For $20.6M

    A Midwest hospital system and several doctors will pay a total of $20.6 million to settle a man’s claims that he is permanently disabled because the physicians failed to diagnose and treat a ruptured aneurysm in his abdomen, his lawyers announced Monday.

  • February 19, 2019

    More Ex-LeClairRyan IP Attys Defect To Pepper Hamilton

    Adding to a string of recent departures from LeClairRyan, a team of intellectual property attorneys has joined Pepper Hamilton LLP’s second office in New York, the firm said Tuesday.

  • February 19, 2019

    Aetna Strikes $6.2M Deal To End Depression Treatment Suit

    Aetna Inc. has agreed to pay $6.2 million to settle a class action in Connecticut federal court accusing it of violating the Employee Retirement Income Security Act by categorically denying claims for a type of depression treatment called transcranial magnetic stimulation.

  • February 19, 2019

    Ex-Xerox Unit Pays $236M To End Texas Medicaid Fraud Row

    Texas announced Tuesday it has reached a $235.9 million agreement with Xerox Corp. and some of its former subsidiaries over allegations a former unit of the company processed orthodontic claims for Medicaid patients that weren’t medically necessary, marking the largest Medicaid-related settlement in the state’s history.

  • February 19, 2019

    Calif. Floats Ban On Intersex Surgery For Minors, Doctors Balk

    A bill recently introduced in the California Senate could be the first in the nation to ban medically unnecessary surgery on intersex children and infants without their consent, but medical groups are coming out in strong opposition to the proposed law, calling it a legislative overreach.

  • February 15, 2019

    The $1B Question: Can Puerto Rico Afford Its Bankruptcy Bills?

    Law firms and other professional service providers are seeking more than $300 million in bills for Puerto Rico’s unprecedented restructuring — a figure that is eventually expected to surpass $1 billion. Some local attorneys are questioning the costs.

  • February 15, 2019

    Puerto Rico’s Law Firms Find Their Footing After Disaster

    Out of disaster comes opportunity. That is what the corporate legal community of Puerto Rico found after Hurricane Maria. But for many attorneys, the recovery is personal, too.

  • February 15, 2019

    TCPA Challengers Can't Go Around Gov't, High Court Told

    The federal government has jumped into a U.S. Supreme Court fight over the proper channel for challenging the Federal Communications Commission's reading of the Telephone Consumer Protection Act, arguing that private litigants aren't allowed to go around the government to launch collateral attacks on the validity of agency orders. 

Expert Analysis

  • FCA Settlement Data Shows Need For Comprehensive Reform

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    False Claims Act settlement data raises substantial questions about inconsistent application of cooperation credit by U.S. attorneys' offices across the country, meaning guidance and transparency are needed to avoid undermining the government’s goal of incentivizing business compliance, says Jacob T. Elberg, a professor at Seton Hall Law School.

  • Opinion

    The Problem With 'Optimal' Diversity

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    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • An Important Class Issue The High Court Left Unresolved

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    In Campbell-Ewald v. Gomez, the U.S. Supreme Court left unanswered the question of whether a class plaintiff’s claim is rendered moot if complete relief is provided. If a recent Second Circuit case — Geismann v. ZocDoc — is appealed, the Supreme Court could provide needed clarity, say attorneys at Drinker Biddle & Reath LLP.

  • State Net

    States May Take The Lead On Regulating AI

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    While artificial intelligence promises to revolutionize the way we live and work, there has been relatively little government regulation targeting it specifically. But legislation referring to AI is currently pending in at least 13 states, and more may be on the way, says Korey Clark of State Net Capitol Journal.

  • Take Care Defining Health Services Under IRC Section 199A

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    Examples in the new final regulations under Internal Revenue Code Section 199A confirm that health-related businesses can be allowed a qualified business income deduction. But businesses operating with facts that differ even slightly from those in the regulations' examples should proceed with caution, says Marc Finer of Murtha Cullina LLP.

  • Disputes Heating Up Over Gov't Qui Tam Dismissal Authority

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    The government is increasingly exercising its authority to dismiss qui tam False Claims Act cases, and relators have mounted at least a dozen district court challenges in the past six months. Fundamental issues about control over qui tam litigation are now up for decision, says Jonathan Cederbaum of WilmerHale.

  • Austin's Blockchain For The Homeless Faces Challenges

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    The city of Austin, Texas, has proposed a program using blockchain technology to connect homeless residents with their health and identity records. Creating the infrastructure for the project will not be difficult, but key questions include whether the homeless will participate and how they can access their information, says Edward Block of Foley & Lardner LLP.

  • A First Look At New HHS Prescription Drug Safe Harbors

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    The U.S. Department of Health and Human Services' recent proposal to update the prescription drug discount safe harbor does not directly affect the price-setting activities of pharmaceutical manufacturers, but instead appears designed to affect prices indirectly by increasing transparency, say attorneys with Ropes & Gray LLP.

  • Class Cert. Is Next Frontier Of Data Breach Litigation

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    Much has been written about establishing Article III standing in data breach cases, but the obstacles plaintiffs must overcome to win class certification are less explored. So far, one case — Smith v. Triad of Alabama — offers insight into this somewhat uncharted territory, say Nicole Rekant and Stevan Pardo of Pardo Jackson Gainsburg PL.

  • Where Calif. Privacy Law And Employee Benefits Data Collide

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    For covered businesses, the California Consumer Privacy Act's broad use of the term “consumer” means that the new law could apply to data collected about California residents under health, retirement and other employee benefit plans, say attorneys with Hunton Andrews Kurth LLP.