Health

  • March 06, 2024

    Rite Aid Aims To Divest Most Of Its Health Dialog Business

    Bankrupt drugstore chain Rite Aid Corp. said Wednesday that it will sell most of its Health Dialog business, which provides personalized health services, to Carenet Health for an undisclosed amount.

  • March 06, 2024

    Ex-Stimwave CEO Found Guilty Of Healthcare Fraud

    A New York federal jury on Wednesday convicted the former CEO of Stimwave over allegations that the medical device maker sold an implant for chronic pain sufferers with a bogus component in order to drive up billings.

  • March 06, 2024

    McGuireWoods Adds 2 Former Federal Prosecutors In Dallas

    McGuireWoods LLP announced Wednesday that two former federal prosecutors who specialize in healthcare regulatory and compliance issues have joined the firm as partners in Dallas.

  • March 06, 2024

    Ohio Neurologist Can't Shorten His Drug Kickback Sentence

    An Ohio federal judge ruled an imprisoned neurologist cannot shorten his 30-month sentence for conspiring to collect illegal kickbacks for prescribing Nuedexta, a drug used to treat patients who have uncontrollable fits of laughter or crying, stating that his victims' vulnerability exempts him from his requested reduction.

  • March 05, 2024

    Colo. Judge Mulls Chevron Deference In Tricare Funding Fight

    A Colorado federal judge wondered Tuesday whether the U.S. Supreme Court's anticipated ruling on Chevron deference would affect a children's hospital's challenge to a Defense Department rule about healthcare reimbursements for military patients, asking the parties how she should rule while they wait for the Chevron decision.

  • March 05, 2024

    4th Circ. Affirms Med Mal Trial Win For Md. Patient

    A clinic and gynecologist can't evade a $1 million judgment over claims they botched a surgery, causing a patient's infection and ultimately the removal of part of her large intestine, a Fourth Circuit panel ruled, saying there was sufficient evidence for a jury to find them liable.

  • March 05, 2024

    White House To Crack Down On Illegal, Unfair Pricing

    President Joe Biden launched a new "strike force" Tuesday to stop companies from imposing unfair price hikes on consumers amid a rash of measures supporting the administration's push to boost competition and lower prices across the economy.

  • March 05, 2024

    Gibson Dunn AI Leader On Weathering The AI Policy Blizzard

    Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.

  • March 05, 2024

    Pharmacist Takes Deal In Mich. Over Fatal Meningitis Outbreak

    The founder of a Massachusetts drug compounding center that was the source of a deadly meningitis outbreak has pled no contest to 11 counts of manslaughter brought by Michigan state prosecutors, the latter state's Department of Attorney General announced Tuesday.

  • March 05, 2024

    CVS Again Defeats NY AG's Drug Rebate Tying Claims

    A Manhattan judge on Tuesday threw out a second New York attorney general lawsuit accusing CVS Pharmacy Inc. of illegally forcing underserved hospitals to use its claims-processing subsidiary for federal drug reimbursements, saying the government still hasn't pled viable antitrust claims.

  • March 05, 2024

    NC Panel Won't Revive Injury Suit Sunk By Lack Of Expert

    A North Carolina appeals court on Tuesday backed the dismissal of a medical malpractice suit alleging that negligent care of a patient caused her death, ruling the patient's daughter hadn't hired a reliable doctor to back her lawsuit.

  • March 05, 2024

    FTC Chair Decries PE's Healthcare Impacts As Probe Starts

    Federal Trade Commission Chair Lina Khan on Tuesday lamented what she deemed the "financialization" of healthcare resulting from private equity buyouts, in remarks coinciding with the launch of a multijurisdictional request for public comment on PE and other companies' growing control over the healthcare system.

  • March 05, 2024

    Conn. Healthcare Trade Group Drops Staffing Rule Challenge

    A healthcare trade group has dropped its suit seeking to stop Connecticut health officials from implementing new nursing home staff allocation controls in the wake of a new law increasing per-patient staffing hours.

  • March 05, 2024

    Avadel Told To Pay Jazz Pharma $234K Over Narcolepsy Drug IP

    A Delaware federal jury found Monday that a specialty drugmaker owes nearly $234,000 to drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind its newer narcolepsy drug, launched last year to sales of over $28 million.

  • March 05, 2024

    DocGo Hit With Investor Suit Over 'Limitless' Charter Clause

    A mobile-healthcare company under scrutiny after being awarded a $432 million contract to provide services for migrants in New York City has been hit with a stockholder suit in Delaware's Court of Chancery alleging that the company's charter contains "broad and limitless" provisions that run afoul of state corporate law.

  • March 05, 2024

    Express Scripts Gets Pharmacy's Contract Breach Suit Cut

    A Missouri federal judge tossed out two claims in a five-count suit accusing Express Scripts of conducting a faulty audit on a New York pharmacy and then wrongfully terminating their contract, saying the pharmacy can't sue under two laws it cited.

  • March 05, 2024

    NC Panel Backs School Board, Nonprofit In Forced Vax Fight

    A local board of education and a nonprofit are immune from a family's lawsuit claiming they administered a COVID-19 vaccine to a 14-year-old without his parents' consent under a federal law that shields certain activity aimed at resolving the spread of a disease during a public health emergency, the North Carolina Court of Appeals ruled Tuesday in a published opinion.

  • March 05, 2024

    4th Circ. Won't Let SC Medicaid Drop Planned Parenthood

    The Fourth Circuit rejected on Tuesday South Carolina's attempt to terminate its Medicaid provider agreement with Planned Parenthood, unpersuaded by the state's argument that a recent U.S. Supreme Court decision compelled a different outcome.

  • March 05, 2024

    Rite Aid Process To Break Leases, Close Stores In Ch. 11 OK'd

    A New Jersey bankruptcy judge on Tuesday signed off on procedures for bankrupt retail pharmacy chain Rite Aid Corp. to potentially shutter 210 rented stores with fast-approaching lease rejection deadlines, overruling objections from two landlords.

  • March 05, 2024

    GOP Sens. Voice Concern Over Biden Plan To Claim Patents

    Sen. Bill Cassidy, R-La., the top Republican on the Senate health committee, and 16 other Senate Republicans recently aired concerns with the director of the National Institutes of Health about the Biden administration's plan to "illegally" seize drug patents.

  • March 05, 2024

    FDA Rejection Of Fosamax's Label Fix Not Final, 3rd Circ. Told

    Counsel for patients suing Merck over its osteoporosis drug Fosamax's alleged risk of causing painful bone fractures told a Third Circuit panel Tuesday that a Food and Drug Administration letter denying changes to the drug's label does not count as a final agency action triggering federal preemption of state law failure to warn claims.

  • March 05, 2024

    NJ Atty Aims To Duck Claims He Botched Suit Amid Pandemic

    A New Jersey attorney has asked a state court to dismiss a former client's legal malpractice claims against him arising out of the confusion of the onset of the COVID-19 pandemic, arguing that the allegations show "duplicity" in repudiating an underlying medical malpractice settlement he negotiated for her.

  • March 05, 2024

    Aetna Accused Of 'Reprehensible' ER Services Underpayment

    Multiple Aetna health insurance entities were hit with a lawsuit in Ohio accusing them of "reprehensible systemic underpayments" to healthcare workers who provide emergency services, underpayments that the complaint said were damaging to the medical system.

  • March 05, 2024

    EQT Lands $3.3B For Climate And Health Investments

    Swedish private equity giant EQT, advised by Kirkland & Ellis LLP, on Tuesday announced that it clinched its EQT Future Fund after securing €3 billion ($3.3 billion) in commitments, which will be used to invest across the climate and nature and health and well-being sectors.

  • March 04, 2024

    Former DOJ Assistant Chief Joins Bird Marella

    The assistant chief in the fraud section of the Department of Justice's Criminal Division joined Bird Marella Rhow Lincenberg Drooks & Nessim LLP, the firm announced Tuesday.

Expert Analysis

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Despite HHS Opinion, Gift Card Giveaways Require Caution

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    Though the U.S. Department of Health and Human Services' Office of Inspector General recently determined that a healthcare consulting firm's gift card plans do not violate the Anti-Kickback Statute, the opinion does not suggest blanket approval for providing gift cards in exchange for referrals, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.

  • How Merck Settlement Can Inform Cyberinsurance Approach

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    This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling

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    Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.

  • DOJ's Biopharma Settlement Raises Anti-Kickback Questions

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    In the aftermath of the U.S. Department of Justice's settlement with Ultragenyx over genetic testing programs, it may be prudent to reevaluate genetic tests through the lens of the Anti-Kickback Statute and reconsider whether it is proper for free testing programs to be treated like patient assistance programs, says Mary Kohler at Kohler Health Law.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • 5 Legal Considerations For Psychedelic Therapy Sector

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    With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • How Lease Obligations Can Affect Subchapter V Debt Cap

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    Two recent bankruptcy rulings in the Eastern District of Virginia and the Southern District of New York take opposite positions on whether unmatured lease obligations are considered noncontingent debt for the purposes of calculating debtors' Subchapter V eligibility, say Joseph Orbach and Henry Thomas at Thompson Coburn.

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