Health

  • July 2, 2019

    Aviacode To Pay Coders Over $1.5M To End Wage Suit

    Medical coding services provider Aviacode Inc. has agreed to shell out over $1.5 million to resolve a suit claiming it shorted more than 1,000 current and former coders on pay and overtime by calling them independent contractors instead of employees.

  • July 2, 2019

    Esformes Can't Get Forfeiture Verdicts Tossed

    A Florida federal judge has rejected convicted nursing home mogul Philip Esformes' bid to overturn a verdict ordering him to forfeit his interests in operating companies for seven Miami-area facilities after his conviction for money laundering.

  • July 2, 2019

    DaVita Workers Missed Chance At OT Suits, 10th Circ. Says

    The Tenth Circuit on Tuesday refused to revive several suits from DaVita workers alleging that their employer flouted the Fair Labor Standards Act by shorting them on overtime, holding that the employees already had a chance to bring the claims but failed to do so.

  • July 2, 2019

    2nd Circ. Sends Home Care Worker's Wage Suit To Arbitration

    The Second Circuit ruled Tuesday that a New York City home health care provider can push claims that it stiffed a worker on overtime and premium pay into arbitration, saying a trial court misinterpreted a mandatory arbitration clause in a collective bargaining agreement.

  • July 2, 2019

    Trans Librarian Seeks Quick Win In Alaska Surgery Bias Suit

    A transgender librarian with the Alaska State Legislature has told a federal judge that the state's health plan violates federal anti-discrimination law by refusing to cover gender reassignment surgery because the exclusion of transgender individuals is unlawful sex stereotyping.

  • July 2, 2019

    Inovia Leads $25M Fundraise For Health Tech Biz AlayaCare

    AlayaCare, a Canadian provider of health care software, on Tuesday said investors led by Inovia Capital poured CA$33 million ($25.1 million) through an equity fundraise, while also acquiring stock from early investors in the business.

  • July 2, 2019

    Davis Polk Assists On RoundTable's $700M Health Care Fund

    RoundTable Healthcare Partners, a Lake Forest, Illinois-based private equity firm focused exclusively on health care investments, said Tuesday it has wrapped up its fifth equity fund after securing $700 million from limited partners, with help from Davis Polk.

  • July 1, 2019

    J&J's Addiction Expert Slammed For Touting Screening Tools

    A UCLA addiction expert called by Johnson & Johnson in Oklahoma's landmark opioid crisis trial testified Monday that doctors have effective screening tools they should use to identify patients with addiction risks, but faced tough cross-examination questions about whether he'd misrepresented the usefulness of such tools.

  • July 1, 2019

    Drug Return Co. Must Pay $94M Restitution In Fraud Case

    A Pennsylvania federal judge ordered a drug return company to fork over $94 million in restitution and pay a $15 million fine after it was convicted alongside two former executives for stealing refunds it promised to customers including pharmacies and government agencies.

  • July 1, 2019

    Pharmacy, PE Fund Near Deal To End Feds' FCA Kickback Suit

    A compounding pharmacy and its private equity fund owner told a Florida federal court Monday that they're close to a settlement with the government that would bring a False Claims Act lawsuit over an alleged $70 million kickback scheme to a close.

  • July 1, 2019

    NJ, Pa. Slam Trump Admin. Birth Control Exemptions To ACA

    Pennsylvania and New Jersey have asked a federal court to throw out two Trump administration rules that allow employers to claim a moral or religious objection to the Affordable Care Act's birth control mandate, arguing that the rules flout several federal statutes.

  • July 1, 2019

    Opioid MDL Litigants Seek Triumphs Before Bellwether Trial

    As a bellwether trial nears in multidistrict opioid litigation, drug companies and Ohio local governments are seeking victories on crucial legal questions over liability for a deadly addiction epidemic and a proposed multibillion-dollar remedy.

  • July 1, 2019

    Calif. Hospital Keeps Win In Suit Over Childbirth Injuries

    A California appeals court has cleared a hospital of liability in a suit alleging medical malpractice stemming from a woman's injuries following childbirth, saying the woman and her attorney made a "tactical decision" during the litigation that backfired.

  • July 1, 2019

    Maryland Hospital Co. Settles EEOC Disability Bias Charge

    The U.S. Equal Employment Opportunity Commission has reached an out-of-court settlement with MedStar Health Inc. and its outpatient services division over claims that the health care service providers' attendance policies failed to accommodate disabled workers.

  • July 1, 2019

    HHS Postpones Worker 'Conscience' Rule For Abortions

    The U.S. Department of Health and Human Services has said it is pushing back the effective date of a challenged rule aimed at shielding health care providers from having to take part in procedures like abortions if they have moral or religious objections, after a New York federal judge approved the move Monday.

  • July 1, 2019

    States Want In On CVS-Aetna Hearing To Back DOJ

    A group of states has asked a D.C. federal court for permission to appear during oral arguments later this month to support the U.S. Department of Justice's bid for approval of a deal clearing CVS Health Corp. to purchase Aetna Inc.

  • July 1, 2019

    No Prison For Ex-Penn Coach Who Helped Convict Esformes

    A Florida federal judge declined on Monday to sentence ex-University of Pennsylvania men's basketball coach Jerome Allen to prison for taking bribes from Miami nursing home mogul Philip Esformes, basing her decision on the importance of Allen's testimony in securing Esformes' conviction on bribery and other charges.

  • July 1, 2019

    Virtua Acquires Lourdes Health System In NJ

    New Jersey's Virtua Health Inc. has acquired Lourdes Health System to form the largest nonprofit medical provider network in the Garden State's southern section, the entities announced Monday.

  • July 1, 2019

    Partners Uses Old Mortality Rates For Annuities, Suit Says

    Partners Healthcare, the largest health care network in Massachusetts, uses a 60-year-old mortality table to calculate retirement benefits for some former employees, robbing them of thousands of dollars in defiance of the Employee Retirement Income Security Act, according to a proposed class action in Boston federal court.

  • 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.

Expert Analysis

  • Measles Vaccine Mandates Have Strong Legal Footing

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    In response to the recent measles outbreak, more cities and states are expected to follow New York City's lead with orders for mandatory measles vaccinations, and challenges to those orders are unlikely to be successful, say Michael Hoernlein and Rebecca Gauthier of Alston & Bird.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Health Care Cos. Should Beware Usurpation Of Opportunity

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    A recent Delaware Court of Chancery decision, Personal Touch v. Glaubach, may prompt corporate leadership to be more attentive to the legal risks associated with the usurpation of corporate opportunity, especially in the health care sector, says Michael Peregrine of McDermott.

  • Inside DOJ's Recent Charitable Copay Foundation Settlements

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    On April 4, the U.S. Department of Justice announced three settlements of False Claims Act cases, offering a glimpse into the ways the DOJ believes pharmaceutical companies have used charitable copay foundations to cover copays of government health program beneficiaries, circumvent anti-kickback laws and artificially bolster high drug prices, say attorneys with Skadden.

  • State Net

    Court Battles Slow Trump Health Care Rollbacks

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    A D.C. federal court recently struck down Trump administration waivers allowing two states to impose work requirements on Medicaid recipients. The case is part of a larger partisan struggle in which President Donald Trump and Republican state attorneys general continue their efforts to dismantle Obamacare, says Lou Cannon of State Net Capitol Journal.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • Takeaways From DOJ Action Against Telemedicine Fraud

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    Recently unsealed indictments from the U.S. Department of Justice make clear that telemedicine will continue to be an enforcement focus at a time when telemedicine is expanding, and should remind providers to focus on compliance obligations, say Edgar Bueno and Matthew Wilmot of Morris Manning.

  • 5 Tips For Lawyers Entering The Cannabis Industry

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    As the cannabis industry continues to grow, it will need more legal professionals to help navigate the turbulent business landscape, but lawyers should understand the industry's unique limitations and characteristics before diving in, says Sabas Carrillo of consulting firm Adnant.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Genetic Testing Is On FTC's Radar

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    Recent Federal Trade Commission blog posts suggest potentially increased interest in the genetic testing arena, and the vague recommendations they offer may give the FTC broad latitude from an enforcement perspective, say attorneys at Moses & Singer.

  • Biologic Manufacturers Should Expect Antitrust Scrutiny

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    Recently filed class actions against AbbVie and various biosimilar manufacturers, alleging that the U.S. Supreme Court's Actavis decision should be applied to supposedly anti-competitive biologic/biosimilar settlement agreements, indicate that the biologic space may be the next hotbed of pharmaceutical antitrust activity, say James Kovacs and Ankur Kapoor of Constantine Cannon.

  • Few Avenues To Protection For Foreign FCPA Whistleblowers

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    The Ninth Circuit's recent decision in Wadler v. Bio-Rad falls within a larger pattern of federal courts interpreting whistleblower protection statutes narrowly — especially when employees raise allegations about international business and potential Foreign Corrupt Practices Act violations abroad, say Daniel Wendt and Amelia Hairston-Porter of Miller & Chevalier.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • 4 Tips For Global Patient Support Compliance: Part 2

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    As constructing global frameworks for patient support compliance becomes increasingly important, health care companies should make sure to clearly mandate a proper purpose, protect patient data, and plan for the training and monitoring of third parties, say attorneys at Paul Hastings in the final part of this article.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

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