Health

  • November 13, 2020

    DHS Flags Becton Medical Pump For Cybersecurity Issues

    Medical tech producer Becton Dickinson & Co.'s Alaris infusion pump has cybersecurity weaknesses that, if exploited, could force users, typically hospitals, to operate them manually, the U.S. Department of Homeland Security announced Friday.

  • November 13, 2020

    CVS Pay Deal Disrupted By Rival Suit's Opt-Out Message

    A California federal judge said Friday he'd order a corrective notice sent to some class members in a suit alleging CVS shorted workers' pay, saying counsel representing plaintiffs in a separate employment suit against CVS "crossed the line" by contacting class members and advocating they opt out of a proposed settlement. 

  • November 13, 2020

    NJ Dentist Must Face Claims He Caused Man's Addiction

    A New Jersey appeals court on Friday revived a dental patient's lawsuit alleging a dentist caused his nitrous oxide addiction by administering too much of the drug during his treatment, reasoning that the patient's claims were plausible.

  • November 13, 2020

    Criminal Charges Should Delay Hemp Dispute, Calif. Says

    California's Department of Fish and Wildlife has asked a federal judge to delay a lawsuit against it over claims that officers unnecessarily destroyed a $1 billion hemp crop, after the farm's CEO was allegedly hit with criminal drug charges.

  • November 13, 2020

    Russia, North Korea Accused Of Hacking Vaccine Research

    Hackers linked to the Russian and North Korean governments have launched recent cyberattacks on "prominent" pharmaceutical companies and other institutions researching vaccines and treatments for COVID-19, Microsoft said Friday.

  • November 13, 2020

    Nursing Assistant Can't Keep OT Claims Out Of Arbitration

    A former nursing assistant must arbitrate her claims that the operators of a retirement facility denied workers overtime by making them work during unpaid meal breaks, a Tennessee federal judge said Friday, rejecting her argument that arbitration agreements she signed didn't apply to the companies. 

  • November 13, 2020

    Health Org Gets $2B To Give Poor Nations COVID-19 Vaccines

    Gavi, a health organization that increases poor countries' access to immunizations, announced Friday that two of its investment funds have surpassed $2 billion in contributions from global public organizations, private institutions and non-profits, including the Bill & Melinda Gates Foundation, to give poorer countries equal and rapid access to coronavirus vaccines.

  • November 13, 2020

    Another Dem Raises Concerns Over $1B Virus Fund Spending

    Sen. Michael Bennet, D-Colo., on Friday joined a chorus of Democrats who have voiced concerns over reports about the U.S. Department of Defense using $1 billion in COVID-19 funding for the military amid mask shortages.

  • November 13, 2020

    Trio Of Blank-Check Cos. Tap Market For $600M Via IPOs

    The third dMy Technology Group blank-check company leads a trio of special purpose acquisition companies that kicked off trading Friday and raised a total $600 million in initial public offerings.

  • November 13, 2020

    Opioid Expert's Data Belongs In Bellwether Trial, Judge Told

    Two local West Virginia governments are fighting to keep in play an expert's testimony about the magnitude of opioid use and overdose deaths in an upcoming bellwether trial over the nationwide epidemic, saying protests from drug distributors rely on their lawyers' "inaccurate" reading of textbook epidemiology.

  • November 13, 2020

    Health Hires: Cozen O'Connor, LumiThera

    Cozen O'Connor has snapped up an expert in the health care and life sciences space from Seyfarth Shaw LLP, medical device company LumiThera Inc. has named a new general counsel, and Tucker Ellis LLP has added two attorneys with experience in medical devices, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • November 13, 2020

    Calif., Texas Insurees Won't Say Yes To $2.67B BCBS Deal

    Three insurance buyers say class members from their states were given a raw deal when the nation's Blue Cross Blue Shield insurers inked a sweeping $2.67 billion settlement aimed at ending antitrust claims they had been battling for the better part of a decade.

  • November 13, 2020

    Protester Denied Fees Despite Prompting VA To Cancel Deal

    The Court of Federal Claims has denied costs to EndoSoft LLC after its protest led the U.S. Department of Veterans Affairs to cancel a contentious software solicitation, saying in a decision released Friday that the court lacked authority to award fees without a related court ruling.

  • November 13, 2020

    FDA, DEA Experts Cleared To Testify In NY AG's Opioid Case

    The New York judge overseeing the state attorney general's suit over the opioid crisis said on Friday that he will allow witnesses for the state and two Long Island counties to testify, including a former U.S. Food and Drug Administration head and a former U.S. Drug Enforcement Administration agent.

  • November 13, 2020

    FTC Says $350M Memphis Hospital Merger Will Hurt Service

    The Federal Trade Commission moved Friday to challenge a Memphis health care system's $350 million bid for a pair of hospitals, filing an administrative complaint and promising a federal court lawsuit that'll likely decide the fate of a deal that would reduce the number of area hospital systems from four to three.

  • November 13, 2020

    OSHA's COVID-19 Violators List Crosses 200 Mark

    The U.S. Department of Labor's workplace safety arm has issued 26 more citations against nursing homes, rehab centers and other facilities for violations related to COVID-19 with $369,404 in newly proposed penalties, according to the latest list that the agency released Friday.

  • November 13, 2020

    UK Litigation Roundup: Here's What You Missed In London

    This week in London has seen Daimler and other truck makers facing more competition clams, half a dozen U.S film studios hit Britain's telecom providers with a copyright suit, and dozens of institutional investors sue Deutsche Bank, Goldman Sachs and other major investment banks. Here, Law360 looks at those and other new claims in the U.K.

  • November 12, 2020

    Coronavirus Litigation: The Week In Review

    Airbnb allegedly hasn't kept its promise to reimburse customers for canceled bookings, Walmart can't escape all claims over its temporary return policy amid the COVID-19 pandemic, and the University of San Diego is the latest to be sued by students demanding refunded tuition because of campus closures.

  • November 12, 2020

    Ex-Insys Exec Who Flipped Seeks COVID-19 Prison Delay

    A former Insys executive who was convicted in a scheme to bribe doctors to prescribe opioids and who testified against his former colleagues asked a Massachusetts federal judge for another continuance of his prison sentence due to COVID-19, joining four of the executives he testified against who recently made similar requests.

  • November 12, 2020

    GAO Says It Can't Review $8.4M Health Dept. Contract Protest

    The U.S. Department of Health and Human Services' $8.4 million technical assistance contract will be left intact, according to a U.S. Government Accountability Office decision released Thursday, which said a challenge to the deal doesn't meet criteria making it eligible for review.

  • November 12, 2020

    Sanofi Must Face Cancer Drug FCA Claims At Trial

    A Pennsylvania federal judge on Thursday handed drugmaker Sanofi U.S. Services Inc. a win on some allegations in a whistleblower's 18-year-old False Claims Act lawsuit, but allowed other claims that the drugmaker misleadingly promoted off-label uses for its cancer therapy drug to head to trial.

  • November 12, 2020

    Supreme Court Urged To Make Arbitration Contracts Binding

    Dental equipment distributor Henry Schein Inc. urged the U.S. Supreme Court today to enforce arbitration contracts and reverse the "badly flawed reasoning" in a Fifth Circuit decision that said parties with an arbitration contract should still be able to go to court if they so choose.

  • November 12, 2020

    Gov't Hit With $10.4M Verdict In Failed Birth Control Suit

    A federal judge in Washington state on Thursday awarded about $10.4 million in a suit accusing a federally funded health clinic of botching a contraceptive injection that resulted in an unwanted pregnancy and the birth of a child with permanent brain damage.

  • November 12, 2020

    States Say $8.3B Purdue Opioid Deal Flouts Bankruptcy Rules

    A group of states on Tuesday voiced opposition to Purdue Pharma LP's $8 billion OxyContin settlement with the federal government, saying that the plan puts the bankruptcy case parties in a "straitjacket."

  • November 12, 2020

    Nurses' Union Survey Finds Hospitals Still Short On PPE

    Hospitals are still lacking in personal protective equipment to deal with COVID-19 as the U.S. experiences record new daily cases, according to the results of a survey of 15,000 nurses released Thursday by National Nurses United.

Expert Analysis

  • Calculating FCA Damages From PPP Fraud May Be Tricky

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    The Paycheck Protection Program will undoubtedly give rise to False Claims Act enforcement, but the intangible nature of some contract benefits and differences in contract valuation between the circuits raise uncertainty about damages calculations, say Ellen London at Alto Litigation and Derek Adams at Potomac Law.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • High Court Faces Preemption Dilemma In Drug Benefits Case

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    The recent U.S. Supreme Court oral argument in Rutledge v. Pharmaceutical Care Management Association highlighted important questions raised by the case concerning federal preemption of state laws on health plans and pharmaceutial benefits — but the court's past application of such preemption has been hard to reconcile, says Andrew Struve at Hooper Lundy.

  • What Ohio COVID-19 Liability Shield Means For Employers

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    Because a new Ohio law that shields businesses from civil liability related to COVID-19 provides narrow protections, employers should continue to follow Occupational Safety and Health Administration, state and local guidance to demonstrate reasonable protective measures, says Jeffrey Smith at Fisher Phillips.

  • How The State And Local Regulatory Landscape Is Expanding

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    States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.

  • 5th. Circ. Medicare Ruling Could Halt Pro-Provider Trend

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    The Fifth Circuit's recent decision in Sahara v. Azar likely forecloses the possibility of injunctive relief against recoupment for Medicare providers, ending the recent string of rulings in favor of providers seeking compensation for overpaid insurance claims, says Kent Hofmann at Locke Lord.

  • Takeaways From Calif.'s New Health Insurance Rules

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    A recently signed law fundamentally alters California's regulation of mental health and substance use disorder treatment and will likely lead to increased litigation and regulatory action based on new insurance coverage requirements, say attorneys at Manatt.

  • Insurer-Friendly COVID-19 Case Law Is No Silver Bullet

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    Three recent decisions confirm that individual or consolidated lawsuits regarding insurance coverage for business interruption caused by the pandemic will turn on their own unique circumstances, meaning that insurer-friendly decisions will not preclude coverage broadly, say Jason Rubinstein and Mark Packman at Gilbert.

  • Outside Whistleblowers Are Critical To Exposing Fraud

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    Outsiders like industry experts, competitors, public interest organizations and concerned citizens often have deep knowledge, industry data and financial incentives that put them in a better position than insiders to spot fraud, say attorneys at Youman & Caputo, Fox Rothschild, Goldstein & Russell and Herrera Purdy.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • How Nursing Homes Can Defend COVID-19 Criminal Charges

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    Following the first pandemic-related criminal prosecution of nursing home operators in Massachusetts, nursing homes can take steps to defend their decision-making and infection-control processes as similar cases emerge across the country, say attorneys at Hooper Lundy.

  • Early Takeaways From SEC's FY 2020 Fraud Enforcement

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    Ahead of the U.S. Securities and Exchange Commission's annual enforcement data release later this fall, emerging enforcement themes include fraud related to COVID-19, as well as individual accountability, misuse of reserves, revenue recognition, disclosure malfeasance and data analytics, say attorneys at Perkins Coie.

  • Clients Have The Power To Promote Wellness At Law Firms

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    Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

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