Health

  • March 01, 2024

    Pa. Supreme Court Snapshot: Judge's Side Gig Vexes Tax Row

    In its first argument session of 2024, the Supreme Court of Pennsylvania will once again have seven justices on the bench to hear cases concerning issues like a judge taking a second job, following last year's elevation of Superior Court Judge Daniel D. McCaffery to fill the vacancy left by the death of former Chief Justice Max Baer in 2022.

  • March 01, 2024

    55K Labcorp 401(k) Participants Seek Class Cert. In NC

    Tens of thousands of participants in a 401(k) plan for Labcorp employees asked a North Carolina federal court on Friday to certify the claims in their benefits lawsuit, arguing they had claims common and typical to warrant certification.

  • March 01, 2024

    GSK, Shook Hardy Can Recover Costs After Zofran MDL Win

    GlaxoSmithKline and its attorneys from Shook Hardy & Bacon LLP can recover more than $450,000 in legal costs after beating a multidistrict suit claiming the company's anti-nausea drug Zofran caused birth defects, a federal judge has ruled.

  • March 01, 2024

    Tort Report: $42M Med Mal Award; Hot Coffee Suit In The Air

    A suit over hot coffee spilled at 40,000 feet and the affirmation of a $42 million medical malpractice verdict in Illinois lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • March 01, 2024

    DC Circ. Finds Rehab's Flyers Aren't Unlawful Surveillance

    The D.C. Circuit found Friday that a rehabilitation facility was within its rights under federal labor law to distribute flyers during a union drive, departing from the National Labor Relations Board's conclusion that the handouts were part of an illegal surveillance violation.

  • March 01, 2024

    Fla. Officials Say Better Process Wouldn't Stop Medicaid Cuts

    Florida health officials have urged a federal judge to toss a proposed class action brought by residents who argued state agencies cut their Medicaid coverage without proper notice, saying whatever notice the agencies might have provided, it wouldn't have made any difference in the residents' eligibility.

  • March 01, 2024

    'Texas Heartbeat Act' Civil Enforcement Suit Can Proceed

    A Texas state appellate court sided with a woman weighing civil action against the Texas Equal Access Fund, saying Thursday that the recent "sea change" in abortion law doesn't upend the so-called Texas Heartbeat Act's enforcement mechanisms, and the woman has the right to determine whether she will sue the reproductive rights advocacy organization.

  • March 01, 2024

    CVS, Walgreens Receive FDA's OK To Dispense Abortion Drug

    Pharmacy giants CVS and Walgreens announced Friday that they have received federal certification to dispense the abortion drug mifepristone and will begin doing so soon in certain states — a development that President Joe Biden hailed as historic and that comes amid a larger battle in the U.S. Supreme Court.

  • March 01, 2024

    Auto Coverage Hinges On Victim's Domicile, Mich. Panel Says

    A dispute over personal protection insurance will return to a trial court to determine whether a crash victim was residing in Michigan or Kentucky at the time of the incident, after a Michigan state appeals court granted neither the victim's guardian nor Progressive an early win.

  • March 01, 2024

    FTC Attacks Constitutional Defenses In Hospital Merger Fight

    The Federal Trade Commission has urged a federal court to trim Novant Health's defenses in the agency's challenge of a $320 million plan to buy two North Carolina hospitals, citing case law holding that constitutional arguments are immaterial to the court's consideration of an antitrust injunction bid.

  • March 01, 2024

    UW Settles Missing Tumor Suit After Admitting It Can't Find It

    The University of Washington has settled a medical malpractice lawsuit accusing its hospital staff of losing a tumor before testing it for cancer, after UW admitted that it had been "unable to locate the specimen" since the patient's August 2022 surgery.

  • March 01, 2024

    Panel Backs Tossing Of Eli Lilly, Bayer Drug Marketing Suits

    A New Jersey state appeals court on Friday upheld the tossing of two lawsuits accusing Bayer Corp. and Eli Lilly & Co. Inc. of engaging in "unlawful marketing schemes" leading to false claims submissions to government healthcare programs, finding the cases did not meet the "public disclosure bar."

  • March 01, 2024

    Medica Associate GC Returns To Fox Rothschild

    The former director of litigation for Medica, a nonprofit health plan based in Minnesota, has returned to private practice at Fox Rothschild LLP, where she worked before moving in-house.

  • March 01, 2024

    Avista Capital Partners Closes $1.5B Healthcare Fund

    Private equity firm Avista Capital Partners announced Friday that it had closed a $1.5 billion fund advised by Kirkland & Ellis focused on investments in the healthcare industry.

  • March 01, 2024

    Former Pa. Assistant DA Moves To GRSM50's Philly Team

    Gordon Rees Scully Mansukhani LLP has hired an attorney with nearly a decade of experience working as an assistant district attorney in Pennsylvania to join the firm's office in Philadelphia as a partner, the firm recently announced.

  • March 01, 2024

    AstraZeneca Challenge To Medicare Drug Price Program Fails

    A Delaware federal judge on Friday rejected AstraZeneca's challenge to the Medicare price negotiation program, upholding the Biden administration's argument that the talks are voluntary.

  • February 29, 2024

    9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court

    A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.

  • February 29, 2024

    UnitedHealth Unit Says Blackcat Group Behind Cyberattack

    A UnitedHealth unit on Thursday announced that the "Blackcat" ransomware group is behind a cyberattack that has taken out its information technology systems and services for the past nine days.

  • February 29, 2024

    SF City Atty Seeks To Exit US News 'Best Hospitals' Probe Suit

    San Francisco's city attorney has asked a California federal court to toss U.S. News & World Report's suit claiming that his office issued "flatly unconstitutional" subpoenas into the publisher's ranking methodology for its "Best Hospitals" list, arguing that the suit fails to state an injury.

  • February 29, 2024

    Tenet To Sell 2 Calif. Hospitals To Adventist For $550M

    Tenet Healthcare Corp. is selling two of its hospitals on the central California coast to health system Adventist Health for around $550 million, the two announced Thursday.

  • February 29, 2024

    Judge Wary Of Wading Into AG's 'Abortion Pill Reversal' Probe

    A Washington federal judge was reluctant Thursday to stop state Attorney General Bob Ferguson from investigating an anti-abortion clinic group that allegedly promotes an "abortion pill reversal," saying federal courts should be "especially hesitant" to block certain civil enforcement actions when state courts are well-equipped to do so.

  • February 29, 2024

    BlossomHill Therapeutics Closes $100M Series B

    Biotechnology company BlossomHill Therapeutics has raised a $100 million Series B financing round to advance its pipeline of cancer and autoimmune treatments, the company announced Thursday.

  • February 29, 2024

    Insurance Co. Settles Mass. Worker's Long COVID Suit

    Lincoln Life Assurance has agreed to resolve a suit alleging it wrongly cut off disability payments to a worker who was recovering from over a year of debilitating long-term symptoms caused by COVID-19, according to a Thursday order in Massachusetts federal court.

  • February 29, 2024

    Colo. Panel Revives Wound Center's Damages Suit

    A Colorado state appellate panel Thursday revived a wound center's lawsuit against a rural healthcare district for payments related to its agreement with the district, finding in a published opinion that there were factual disputes a trial court failed to address in dismissing the wound center's breach of contract claims.

  • February 29, 2024

    Harvard Faces Appeal Of Ruling Over Alleged Body Part Sales

    Families suing Harvard University over the alleged theft and sale of body parts donated to the institution's medical school on Thursday appealed a ruling that found the university was immune from all claims across a dozen related lawsuits.

Expert Analysis

  • 2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement

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    Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.

  • Opinion

    Conflicts Abound When Activist Short-Sellers Publish Reports

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    The self-serving relationship between activist short-sellers and plaintiff-side litigators is conflict-ridden and hinders the fact finder's impartiality when a short report forms the basis for lead plaintiffs' allegations, say Nessim Mezrahi and Stephen Sigrist at SAR.

  • Financing Healthcare Deals In Uncertain Markets This Year

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    As challenges to closing and financing new deals prevail into 2024, lenders in new healthcare transactions are talking about alternative approaches for sponsors to consider, such as private credit alternatives and utilization of junior capital, say attorneys at McDermott.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Disability Benefits Ruling Holds Claim Evaluation Lessons

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    In Haynes v. Principal Life Insurance, a Texas federal court recently overturned a disability benefits denial, providing both claimants and insurers with valuable insight on what constitutes a valid benefits claim, says Mark DeBofsky at DeBofsky Law.

  • Lessons From DOJ's Handling Of Rare Medicare Fraud Case

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    The U.S. Department of Justice's recent indictment against HealthSun sheds light on the relatively rare circumstances in which the agency may pursue criminal charges for fraud involving Medicare Advantage, but its subsequent decision not to prosecute shows that compliance efforts can mitigate penalties, say attorneys at WilmerHale.

  • Unpacking NIST's Guidance On Genomic Data Cybersecurity

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    The National Institute of Standards and Technology's final internal report on cybersecurity of genomic data highlights unique concerns associated with the use of such data and provides strong recommendations for risk management, though one area of the report may cause some confusion, say attorneys at Ropes & Gray.

  • Key Legal Trends For Healthcare And Life Sciences In 2024

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    Due to the impact of contentious legal battles over drug pricing negotiations, the growing integration of artificial intelligence into drug development and manufacturing, and the publication of industry segment-specific guidance, the year ahead promises to be a dynamic period of changes and challenges, say Xin Tao and Lois Liu at Baker McKenzie.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • 8 Privacy Law Predictions For 2024

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    As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • FOIA Exemption Questions On Redacted HHS Cannabis Letter

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    The U.S. Department of Health and Human Services' recent recommendation letter concerning the rescheduling of cannabis was heavily redacted, and based on an analysis on the applicability of Freedom of Information Act Exemption 5 to the letter, it's likely that we will see successful legal challenges to those redactions, say attorneys at Troutman Pepper.

  • Evaluating Retroactivity Of Mich. Drugmaker Immunity Repeal

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    In assessing whether a new Michigan law lifting drugmakers' blanket immunity from product liability suits will apply retroactively, there are four key factors that Michigan courts will likely consider, say Sherry Knutson and Brenda Sweet at Tucker Ellis.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Bribery Settlement Gives Insight On DOJ Policies

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    Chemical company Albemarle’s recent $218 million settlement with the government to resolve foreign bribery claims provides valuable data points for companies on the U.S. Department of Justice’s voluntary self-disclosure policy and its clawback pilot program, say Michael DeBernardis and Tiauna Mathieu at Hughes Hubbard.

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