Health

  • July 1, 2019

    Philly Hospitals Hit Ch. 11 After Announcing Facility Closure

    The operator of two Philadelphia hospitals filed for bankruptcy protection late Sunday in Delaware court, less than a week after announcing the closure of 170-year-old Hahnemann University Hospital.

  • July 1, 2019

    How Pa. High Court Ruling Makes Life Easier For Corp. Clients

    The Pennsylvania Supreme Court has recently set new parameters for what can be considered privileged under the so-called work product doctrine, which attorneys said will benefit hospitals and other corporate clients that are increasingly tapping outside consultants for help.

  • June 28, 2019

    Ex-J&J Doc Defends Co.'s Opioid Marketing In Okla. Trial

    A former medical director at Johnson & Johnson subsidiary Janssen Pharmaceuticals on Friday defended the company's marketing of opioids as having a low risk of addiction during cross-examination by an attorney for Oklahoma, which is seeking to hold the drugmakers liable for the opioid crisis.

  • June 28, 2019

    Ga. Hospital Not Immune to Patient’s Attempted Suicide Suit

    A Georgia law that shields hospitals from liability if they discharge patients in good faith does not cover the actions of workers who treated a man prior to his suicide attempt, a state appeals court ruled Friday, saying it could not conclude the hospital acted in good faith.

  • June 28, 2019

    High Court Census Ruling Could Escalate Rule Challenges

    When a slim U.S. Supreme Court majority blocked the Trump administration from adding a citizenship question to the census because the government hadn't been forthcoming, the justices gave litigants an irresistible precedent to cite in future policy fights with federal agencies, experts said.

  • June 28, 2019

    Dignity Health To Pay $100M To Settle ERISA Church Plan Suit

    Dignity Health has agreed to pay at least $100 million to settle a proposed class action accusing it of using a religious Employee Retirement Income Security Act exemption to which it wasn't entitled to justify underfunding its pension plan by $1.8 billion.

  • June 28, 2019

    FCA Decision Tracker: More Interpretations Of Escobar

    A little more than three years after the U.S. Supreme Court’s Escobar ruling, courts are continuing to reckon with changes the landmark decision made to the legal landscape for False Claims Act cases. Law360 is here once again to explore how judges are interpreting key parts of the opinion.

  • June 28, 2019

    Conservative Justices Cross Over To Create Unusual Lineups

    Members of the conservative majority on the U.S. Supreme Court had some surprises for court watchers this term, with one of the newer — and generally most conservative — justices becoming a particularly strange bedfellow to liberals.

  • June 28, 2019

    The Biggest Securities Decisions Of 2019: Midyear Report

    So far this year, the U.S. Supreme Court has broadened the scope of liability for the spread of false information about investments and put off deciding whether private plaintiffs are able to bring lawsuits alleging false statements and related to tender offers. Here, Law360 examines those rulings and other developments from the first half of 2019.

  • June 28, 2019

    The Sharpest Dissents Of The Supreme Court Term

    The dozens of dissents the U.S. Supreme Court issued this term outpaced those in the prior term, and their tone is growing harsher as justices vie for control of a court that is still reeling from the retirement of swing Justice Anthony Kennedy.

  • June 28, 2019

    Theranos Founder Holmes Gets Aug. 2020 Criminal Trial Date

    Theranos Inc.'s former CEO Elizabeth Holmes and former chief operating officer Ramesh "Sunny" Balwani will face an August 2020 criminal jury trial over claims they lied to investors and doctors about the now-defunct blood testing startup's product capabilities, a California federal judge said Friday.

  • June 28, 2019

    Rehab Giant Pays $48M To End Sham Diagnosis FCA Suits

    Rehabilitation hospital giant Encompass Health Corp. will pony up $48 million to end three False Claims Act cases accusing the company of bilking Medicare by admitting patients unnecessarily and fabricating their diagnoses, the U.S. Department of Justice said Friday.

  • June 28, 2019

    Texas Justices To Hear Insurer's Challenge To Medical Bill Suit

    An insurer has convinced the Texas Supreme Court to review a case in which it's challenging an injured insured's attempt to collect a “windfall” by saying he should have been reimbursed for the full amount of the medical bill he received rather than what the medical provider accepted as payment in full.

  • June 28, 2019

    Centura Can't Avoid EEOC's Disability Info Ask At 10th Circ.

    The Tenth Circuit on Friday refused to let Centura Health dodge the U.S. Equal Employment Opportunity Commission's bid to get information about employees who had requested disability accommodations beyond what the company provided about 11 workers who actually filed charges of discrimination with the agency.

  • June 28, 2019

    Thomas Says High Court's Abortion Decrees 'Out Of Control'

    Justice Clarence Thomas on Friday delivered a fresh broadside against the U.S. Supreme Court's decisions protecting access to abortion, saying they have "spiraled out of control" and drastically curtailed state oversight of abortions.

  • June 28, 2019

    Medtronic Insulin Pumps Yanked For Possible Hacking Threat

    Medtronic is pulling certain insulin pumps off the market because of cybersecurity vulnerabilities that could allow third parties to change settings, with thousands of patients potentially affected, the U.S. Food and Drug Administration said.

  • June 28, 2019

    Radiology Board Wants Competition Curbing Suit Tossed

    The American Board of Radiology on Thursday asked an Illinois federal court to toss claims that its initial board certification for radiology physicians and continuous certification program are anti-competitive, arguing that maintaining certification is a continuation of an existing product and not a tying of two separate products. 

  • June 28, 2019

    2nd Circ. Questions Shkreli's Bad Jury Instruction Argument

    Infamous pharmaceutical investor turned federal inmate Martin Shkreli's central appeal claim that the judge confused the jury met stiff resistance during a Second Circuit hearing on Friday, as the so-called Pharma Bro sought to undo his seven-year prison sentence.

  • June 28, 2019

    Sotomayor, Breyer Vie For Chattiest High Court Justice

    On the U.S. Supreme Court's famously "hot" bench, Justice Sonia Sotomayor stood out once again as the most active questioner this term, speaking up more often than any of her colleagues.

  • June 28, 2019

    Texas Justices OK Suit Over UT Cancer Center Patient Death

    The University of Texas MD Anderson Cancer Center can't escape a wrongful death lawsuit stemming from its use of a sugar-water solution during surgery, the Texas Supreme Court held on Friday, as the death was allegedly caused by the use of that solution and not by a medical judgment error.

  • June 28, 2019

    Pa. Justices To Probe Hospital Staffer's Whistleblower Suit

    The Pennsylvania Supreme Court agreed Thursday to hear an appeal of a ruling finding that a former Lehigh Valley Health Network Inc. manager did not need to exhaust potential remedies under the Pennsylvania Human Relations Act before moving ahead with whistleblower claims related to alleged discrimination by a supervisor.

  • June 28, 2019

    The Funniest Moments Of The Supreme Court Term

    While general audiences may have a hard time finding the humor, there were several moments of legal levity in the Supreme Court this term that made the justices and the courtroom laugh.

  • June 27, 2019

    The New 'Roberts Court' Finds Its Footing

    Chief Justice John Roberts is presiding over the most conservative Supreme Court in years. But as the 2018 term showed, the reality is more complicated and the new majority is far weaker than expected.

  • June 27, 2019

    Ex-J&J Doc Tells Okla. Judge Its Opioids Had Low Abuse Rate

    Johnson & Johnson began its defense Thursday in Oklahoma’s trailblazing trial seeking to hold it liable for the opioid crisis, calling a former medical director at its subsidiary Janssen Pharmaceuticals to testify that a host of data showed its painkillers were abused at a lower rate than other opioids.

  • June 27, 2019

    Parents Denied Quick Win In Tribal Hospital Birth Injury Suit

    An Oklahoma federal judge on Wednesday denied a bid for partial summary judgment from parents who allege that a tribal hospital’s negligence contributed to the serious brain injuries their baby was born with, finding there were disputes of fact that should be answered at trial.

Expert Analysis

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Opinion

    High Court Got It Right On FCA Time Limits

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    Monday’s 9-0 decision in Cochise Consultancy v. U.S. showed again that the U.S. Supreme Court isn't easily tempted to undermine the central purpose of the False Claims Act — holding fraudsters accountable when they pick the public’s pocket, says Scott Oswald of The Employment Law Group.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • 2nd Circ.'s Logical Take On 'Event-Driven' Securities Claims

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    The Second Circuit's recent opinion in Singh v. Cigna will not put an end to "event-driven" securities cases, which revolve around negative operational incidents. But it will likely increase the dismissal rate of such claims, and may deter weaker filings, say Adam Hakki and Agnès Dunogué of Shearman & Sterling.

  • State Net

    State Lawmakers Stepping Up Fight Against Insurance Fraud

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    Insurance fraud costs insurers and their policyholders tens of billions of dollars a year. With insurance fraud-related bills introduced in 40 states and enacted in 14 so far this year, state lawmakers seem to agree with the industry that fraud is a major problem, says Korey Clark of State Net Capitol Journal.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

  • How The New FCA Cooperation Credit Guidelines Fall Short

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    Based on the May 7 guidance issued by the U.S. Department of Justice, the False Claims Act cooperation credit is like a box of chocolates — companies that self-report can't know what they are going to get in return, say Craig Margolis and Christian Sheehan at Arnold & Porter.

  • 6 Ways To Keep Your Jury From Zoning Out

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    Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.

  • Rebuttal

    What HHS Questions About Negotiated-Rate Disclosure Mean

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    A recent Law360 guest article appears to conflate questions the U.S. Department of Health and Human Services asked about potential disclosure of payer-negotiated health care rates with an Affordable Care Act provision, and neglects to reference contemporary data on hospital price growth, says Melinda Hatton of the American Hospital Association.

  • Perspectives

    Calif. Lawmakers Should Stay Out Of USC Sex Abuse Case

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    A pending settlement between the University of Southern California and 17,000 former students would resolve claims over the actions of a sexually abusive gynecologist. But proposed state legislation could undermine the settlement, says Shook Hardy partner Phil Goldberg, director of the Progressive Policy Institute’s Center for Civil Justice.

  • New Regs, New Tech Bring New Medical Device Cyber Liability

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    As medical devices manufacturers rely on other parties, like software developers and cloud storage providers, to add functionality to products, recent draft guidance on medical device cybersecurity from the U.S. Food and Drug Administration provides the contours of how product liability suits may proceed, say Raymond Williams and Megan Krebs of DLA Piper.

  • 5 Myths In Legal Crisis Communications

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    Having worked at a boutique law firm, a crisis communications agency and in BigLaw, I have identified a number of common misconceptions across these disparate business models when it comes to crisis and litigation communications, says Robert Gemmill of Hogan Lovells.

  • Effective Hospital Policies Can Shield Nurses From Liability

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    Nurses are frequent targets of negligence lawsuits, but hospitals can mitigate that risk by establishing clear chain-of-command and incident-reporting policies, and ensuring that they are followed, says David Johnson of Burns White.

  • An Overview Of The Debate Over Litigation Finance Disclosure

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    In light of a New York federal court's recent decision in Benitez v. Lopez, which joins a growing body of case law denying forced disclosure of commercial litigation finance, Stephanie Spangler of Norris McLaughlin and Dai Wai Chin Feman of Parabellum Capital break down the arguments commonly raised for and against disclosure.

  • FCA Challenge Poses 2 Potential Questions For Justices

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    If the U.S. Supreme Court accepts Intermountain Healthcare v. U.S., it is unlikely to consider the constitutional challenge to the False Claims Act, but may address the Tenth Circuit's incorrect analysis of how Federal Rule of Civil Procedure 9(b) should apply to FCA cases, says Laurence Freedman of Mintz.

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