Health

  • 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.

  • November 24, 2020

    Purdue Pleads Guilty In NJ To Criminal Opioid Conspiracy

    OxyContin maker Purdue Pharma LP's top officer entered guilty pleas Tuesday on behalf of the company to a three-count felony information detailing Purdue's long conspiracy to defeat federal opioid control programs and anti-kickback statutes, part of a wider $8.3 billion criminal and civil settlement with the U.S. Department of Justice.

  • November 24, 2020

    Biomet To Pay $21M In Hip Implant Defect Suit Verdict

    Biomet Inc. was hit with a $21 million judgment following a Missouri federal trial over whether its hip implants were defective and caused injuries to a woman who had her hips replaced in 2008, according to an order making the amount public on Tuesday.

  • November 24, 2020

    UK Antitrust Arm Mulling Bipolar Drug Co.'s Commitments

    The U.K.'s antitrust regulator is mulling over concessions pharmaceutical company Essential Pharma has said it will make after announcing it planned to withdraw a bipolar medication from the U.K. market and to use its dominant position to increase prices of that medication.

  • November 23, 2020

    Greenberg Traurig Clears Conflict Inquiry In $1B Fraud Case

    A Tennessee federal judge on Friday found that potential conflicts of interest do exist between several attorneys representing a pharmacy owner and pharmacies accused of a $1 billion insurance scheme, but waived the conflicts pertaining to a pair of Greenberg Traurig LLP lawyers.

  • November 23, 2020

    Worker's Family Blames Publix Mask Ban For COVID-19 Death

    Publix Super Markets Inc. put profits before employee safety, the family of a Florida deli worker who died after allegedly catching COVID-19 from a co-worker alleged in a lawsuit filed on Monday.

  • November 23, 2020

    SPAC Links Up With 2 Cos. To Form $1.35B Telehealth Giant

    A special purpose acquisition company launched by serial blank check company creator GigCapital Global unveiled plans Monday to merge with digital health care provider UpHealth and telemedicine solutions provider Cloudbreak to forge a publicly traded telehealth business with an enterprise value of $1.35 billion, in a deal guided by DLA Piper, Husch Blackwell and Sidley Austin.

  • November 23, 2020

    Split 5th Circ. Says Texas Can Cut Planned Parenthood Funds

    An split en banc Fifth Circuit on Monday overruled a circuit panel and vacated a preliminary injunction blocking Texas from kicking Planned Parenthood out of the Medicaid program, holding that individual patients do not have a right to challenge the state's determination that their providers were not "qualified."

  • November 23, 2020

    Texas Hospital Keeps Win In Patient Nerve Damage Suit

    A Texas appellate court has affirmed the dismissal of a suit seeking to hold a Baylor Scott & White hospital liable for a patient's nerve damage suffered due to alleged malpractice, rejecting the patient's argument that the treatment shouldn't be considered emergency medical care subject to a higher evidentiary standard.

  • November 23, 2020

    Teva's Bid To Duck MDL Trials Slammed As 'Fool's Errand'

    A group of drug buyers and states asked a Pennsylvania federal judge Friday to reject Teva Pharmaceutical's bid to scrap a bellwether trial in multidistrict litigation over civil price-fixing claims to await the outcome of related criminal charges, calling the drugmaker's efforts to keep witnesses from overlapping a "fool's errand."

  • November 23, 2020

    Ex-Fugitive Accused Of Medicare Fraud Gets 3 Years

    A New York federal judge sentenced the former co-owner of a medical equipment supplier to three years in prison Monday for health care fraud, after the accused was expelled from Haiti following 11 years on the lam.

  • November 23, 2020

    AstraZeneca Finds 90% Vaccine Success, Will Seek Approval

    AstraZeneca said Monday that one of its coronavirus vaccine candidates achieved 90% effectiveness, while the average efficacy of its two dosing regimens hit only 70% — well below the rates recently reported for Pfizer and Moderna's vaccine candidates.

  • November 23, 2020

    Merck Again Denied In Bid To Arbitrate Vaccine Antitrust Suit

    A Pennsylvania federal judge on Friday refused for a second time to force doctors' practices into arbitration on proposed class action claims that Merck Sharp & Dohme Corp. unlawfully overpriced vaccines, finding that discovery mandated by the Third Circuit shows they're too far removed from the arbitration provisions.

  • November 23, 2020

    Md. Court Reinstates $2.6M Award In Cancer Death Suit

    A Maryland appeals court on Monday reinstated a $2.6 million jury verdict in a suit accusing a radiologist of failing to timely diagnose a woman's breast cancer that caused her death, saying the trial judge's decision to toss the verdict was erroneous.

  • November 23, 2020

    Claims Court Denies Bid Protest Over VA IT Contract

    A U.S. Court of Federal Claims judge has ruled that a U.S. technology firm was properly excluded from a solicitation by the U.S. Department of Veterans Affairs because its proposal had been fairly rated as "unacceptable."

  • November 23, 2020

    Stericycle Investor Seeks Atty Sanction After Objector Claim

    A Stericycle shareholder appealing a 25% cut that Bernstein Litowitz received from representing investors in a $45 million settlement with the solid waste hauler is pressing the Seventh Circuit to reprimand a firm attorney, saying he called the shareholder's own lawyer a "notorious professional objector" despite knowing the allegation was baseless.

  • November 23, 2020

    Texas Law Firm, Mexican Supplier Settle $3M Mask Sale Row

    A Mexican medical equipment supply company told a Texas federal judge on Monday that it had agreed to settle claims that a San Antonio-based law firm withheld over $3 million from a deal to sell millions of face masks to the state's emergency management agency.

  • November 23, 2020

    Feds Say No Privilege For Ex-Theranos CEO In Fraud Case

    The U.S. government is asking a California federal judge to make the former CEO and founder of Theranos turn over witness interviews and other documents relating to allegations that she and her partner sold blood-testing technology they knew didn't work, saying she can't assert attorney-client privilege for work done for the now-defunct company.

  • November 20, 2020

    Trump Slams Big Pharma In Rollout Of Drug Price Rules

    President Donald Trump on Friday announced two finalized policies aimed at fulfilling a campaign promise to cut drug prices, a move he expects will draw legal challenges from Big Pharma.

  • November 20, 2020

    11th Circ. Nixes Widow's Win In Engle Tobacco Suit

    Big Tobacco scored a win in one of the last Engle progeny cases pending in federal court Friday, with the Eleventh Circuit finding that a widow can't collect on her husband's death because neither of his conditions qualified him as a member of a historic tobacco class action.

  • November 20, 2020

    11th Circ. Questions Oscar, Florida Blue On Exclusivity Rules

    An Eleventh Circuit panel during oral arguments Friday grilled Oscar Insurance, the U.S. Department of Justice and Blue Cross Blue Shield of Florida over the latter's rules barring agents from selling insurance policies offered by other companies and whether the exclusivity requirement was protected from federal antitrust law.

  • November 20, 2020

    GAO Backs Defense Health Unit's Follow-On R&D Deal

    The Defense Health Agency was allowed to award a health care delivery modernization research contract to a small business without competition because it could link the contract to an earlier Navy research deal, the U.S. Government Accountability Office has ruled, turning down a protest from a rival company.

Expert Analysis

  • Opinion

    Substantive Issues Plague China's Patent Linkage Regime

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    Although China's implementation of a regime linking a branded drug's patent status with a generic's approved market entry is commendable, its efficacy is in doubt because it lacks the force of law and is unclear on judicial recourse, say members of the U.S.-China IP Dialogue at the U.S. Chamber of Commerce.

  • Law Firm Biz Development Tips For The Pandemic Era

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    Jessica Starr and Monica Ulzheimer at Alston & Bird look at four areas where business development and other law firm administrative teams can take a leadership role in driving practice growth at a time when attorney interactions with clients and peers are limited.

  • The Different Ways High Court Could Assess ACA Viability

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    The U.S. Supreme Court's eventual decision in California v. Texas could strike down the entire Affordable Care Act, though there are a number of scenarios that may leave the law — or at least its popular provisions — largely intact, say attorneys at Morgan Lewis.

  • Rulings Show Limits Of Federal Agency Vacancy Law

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    Recent court decisions applying the Federal Vacancies Reform Act to invalidate improper presidential appointments of acting federal agency heads have had little evident impact, highlighting shortcomings in the law that could become more acute if the presidency and Senate are controlled by different parties, says Steven Gordon at Holland & Knight.

  • HHS Opinions Signal Broad Immunity From COVID-19 Liability

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    Two recent advisory opinions from the U.S. Department of Health and Human Services suggest broad potential application of Public Readiness and Emergency Preparedness Act immunity, providing reassurance to entities both directly and indirectly involved in pandemic response efforts, say attorneys at Ropes & Gray.

  • Navigating Inability-To-Pay Claims With DOJ Amid COVID-19

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    It's likely to get harder to argue that a company is unable to pay penalties resulting from a U.S. Department of Justice prosecution during the pandemic, but using contemporaneous documentation can help ensure continued viability, say Shari Schindler at StoneTurn, and Ryan Rohlfsen and Jordan Harvey at Ropes & Gray.

  • The Legal Implications Of Mobile Health Advancements

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    With the pandemic rapidly accelerating the timeline for the shift to remote and mobile health care, providers will need to keep a close eye on new privacy and cybersecurity risks, and on new potential to collect real-time information from patients, say attorneys at Squire Patton.

  • Opinion

    BigLaw Must Drop The Billable Hour To Improve Diversity

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    Implementing pay structures that compensate attorneys for achieving clients' goals rather than measuring success based on hours billed is a necessary first step to keeping underrepresented attorneys in BigLaw, says Elizabeth Korchin at Therium Capital.

  • The Post-Election State AG Enforcement Landscape

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    Election results so far have kept the number of Republican and Democratic state attorneys general even, and no matter the outcome of the presidential race, AGs will work across the aisle on important issues like health care, competition and the environment, says former Illinois attorney general Lisa Madigan at Kirkland.

  • 3 Bankruptcy Rulings Highlight Barriers For Pot-Adjacent Cos.

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    Recent decisions in Malul, Burton and Pharmagreen reveal that bankruptcy courts are increasingly barring businesses with even tangential connections to the production or distribution of cannabis products from relief, say attorneys at Thompson Hine.

  • Compliance Lessons From DOJ's Merit Medical Settlement

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    The U.S. Department of Justice's recent settlement with medical device manufacturer Merit Medical, resolving alleged violations of the Anti-Kickback Statute and False Claims Act, reminds life sciences companies to implement key compliance measures like confidential reporting structures and grant intake protocols, say attorneys at Paul Hastings.

  • ERISA Ruling Shows Reluctance For Disability Claim Remand

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    A Texas federal court’s recent refusal to remand an Employee Retirement Income Security Act disability benefit determination in Chavez v. Standard Insurance signals that courts will not punt on claim denials they may prefer not to address by sending a case back to an insurer, says Mark DeBofsky at DeBofsky Sherman.

  • 8 Tips For Effective Oral Advocacy In Virtual Court Hearings

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    Jim Lofton at Lofton Legally Speaking explains why tightly constructed arguments, the right camera angle and good online behavior are crucial to a powerful virtual courtroom presentation.

  • A GC's Blueprint For Improving Legal Industry Diversity

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    General counsel are in a unique position to ensure that their partner law firms are giving significant case assignments to underrepresented attorneys, and to help future generations of lawyers access meaningful opportunities early in their education or careers, says Laura Schumacher, chief legal officer at AbbVie.

  • Perspectives

    Book Review: Did The High Court Cause Mass Incarceration?

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    William Pizzi's argument in "The Supreme Court's Role in Mass Incarceration" that the U.S. Supreme Court is responsible for the high rate of incarceration is compelling, but his criticism overlooks the positive dimensions of the criminal procedure decisions under Chief Justice Earl Warren, says U.S. District Judge Lynn Adelman of the Eastern District of Wisconsin.

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