Health

  • October 16, 2019

    Texas Judge Tosses ACA's Transgender, Abortion Bias Rule

    The Texas federal judge who vacated the Affordable Care Act last year tossed an Obama-era regulation banning federally funded health insurance plans from discriminating on the basis of gender identity, saying the rule violated the Administrative Procedure Act and the Religious Freedom Restoration Act.

  • October 16, 2019

    Calif. Woman Gets Surgery Clinic Injury Suit Reinstated

    A California appeals court has revived a suit accusing an outpatient surgery center of injuring a sedated patient during a medical procedure, saying a legal doctrine that allows juries to presume negligence applied to her case.

  • October 16, 2019

    Feds Pay $5M To End Ky. Baby Birth Injury Suit

    A Kentucky federal judge on Wednesday approved a $5 million settlement to resolve a suit accusing a federally-funded health clinic of causing a baby's birth injuries after a doctor allegedly failed to respond to signs of fetal distress.

  • October 16, 2019

    FTC Judge Finds 2 Dental Suppliers Violated Antitrust Law

    The Federal Trade Commission’s in-house judge has found dental suppliers Benco Dental and Patterson violated antitrust law by conspiring not to offer discounts to buying groups, but the judge dismissed the agency’s claims against a third company targeted by the enforcement action.

  • October 16, 2019

    NY Doc’s Improper 'Habit' Testimony Sparks Med Mal Retrial

    A New York appeals court on Wednesday ordered a new trial in a suit accusing a doctor of botching a patient’s hernia repair surgery, saying the doctor was improperly allowed to testify regarding his “habit,” or usual practice when performing that particular procedure.

  • October 16, 2019

    Vape Flavor Ban May Create Black Market, Lawmakers Told

    A tobacco researcher told lawmakers on Wednesday a proposed bill that would raise the minimum age for buying tobacco products to 21 and would ban flavored e-cigarette products could spawn a public health disaster by creating a black market.

  • October 16, 2019

    Could UPMC Have Warned Of Violent Patient, Pa. Justices Ask

    A psychiatric patient's shut-in tendencies and his repeated threats to harm unspecified neighbors could have been enough for the University of Pittsburgh Medical Center to warn residents of his apartment building before he stabbed one of them to death, an attorney and several Justices of the Supreme Court of Pennsylvania suggested Wednesday.

  • October 16, 2019

    Mass. Vaping Illnesses Mount As Legal Fight Over Ban Swirls

    The number of suspected vaping-related illnesses in Massachusetts has risen to 92, with a majority of the 29 cases deemed serious enough to report to federal health officials involving patients who vaped THC products, the state’s health department said Wednesday.  

  • October 16, 2019

    Drug Cos. Float Deals Worth $50B To End Opioid Cases

    Major drug manufacturers and distributors — including Johnson & Johnson and McKesson — are proposing deals that could be worth a combined $50 billion to resolve large portions of nationwide litigation over pharmaceutical industry liability for the opioid crisis, a source with direct knowledge of the offers told Law360 on Wednesday.

  • October 16, 2019

    Shkreli Asks Justices To School 2nd Circ. On Securities Fraud

    Imprisoned former pharma exec Martin Shkreli has filed his appeal of last resort, asking the U.S. Supreme Court to undo his securities fraud conviction over a jury instruction he says the Second Circuit got wrong.

  • October 16, 2019

    Health Care Co. Can't Nix Pump-And-Dump Suit, Judge Says

    A Florida magistrate judge on Wednesday recommended the court reject First Choice Healthcare Solutions' attempt to dodge an investor's suit over its former CEO's alleged pump-and-dump scheme, finding the plaintiff convincingly showed that the company could be held liable for its executive's actions.

  • October 16, 2019

    Philips Trying To 'Bury History' In Tracker IP Suit, Garmin Says

    Philips North America is trying to "bury" a history of litigation over its fitness tracker patents by saying it doesn't know which claims Garmin thinks are invalid and why, Garmin has told a California federal court.

  • October 16, 2019

    Insys Judge Unsure If Execs' Bribes Equal Drug Dealing

    A federal judge has expressed skepticism about part of the theory used to convict five former Insys Therapeutics Inc. executives of bribing doctors to prescribe opioids, wondering whether an indifference to who received the powerful painkiller equated to conspiring with doctors to deal drugs to patients who didn’t need them.

  • October 16, 2019

    Thomson Geer To Steer Australian Cannabis Co.'s $13.5M IPO

    Australian medicinal cannabis company Cronos Australia is planning an AU$20 million ($13.5 million) initial public offering guided by Thomson Geer, one of the company’s backers said Wednesday.

  • October 16, 2019

    Fla. High Court To Review Ruling Against Medical Pot Regs

    The Florida Supreme Court said Wednesday that it will hear the state's appeal of lower court decisions finding that the regulatory structure in place for licensing medical marijuana treatment centers is unconstitutional.

  • October 16, 2019

    Rising Star: Quinn Emanuel's Meghan McCaffrey

    Quinn Emanuel Urquhart & Sullivan's Meghan McCaffrey helped handle several major cases on behalf of pharmacy benefit management giant Express Scripts, including a $120 million case in which she identified missing discovery documents that resulted in case-terminating sanctions, earning her a spot among the health care law practitioners under 40 honored by Law360 as Rising Stars.

  • October 16, 2019

    Sutter Health, Calif. AG Near Antitrust Deal On Eve Of Trial

    A high-profile antitrust suit alleging Sutter Health gouged union health plans with inflated hospital costs took an unexpected turn Wednesday when a California judge dismissed jurors on the eve of trial, announcing that Sutter had reached a deal in principle with the state attorney general and other plaintiffs.

  • October 16, 2019

    Fried Frank Assists As Permira Clinches €11B Buyout Fund

    European private equity shop Permira, guided by Fried Frank, said Wednesday it has clinched its seventh flagship buyout fund after receiving €11 billion ($12.1 billion) from limited partners, with plans to target investments in sectors like technology, consumer products, financial services and health care.

  • October 15, 2019

    Ala. Clinic Hit With $9M Verdict In Patient Death Suit

    An Alabama state jury has awarded $9 million in a wrongful death suit accusing an urgent care facility and two doctors of providing negligent care to a patient who later died of a blood clot, according to attorneys for the patient's estate.

  • October 15, 2019

    Pa. Jury Awards $4.7M In Spine Infection Misdiagnosis Trial

    A Pennsylvania jury on Friday found that a primary care doctor negligently failed to diagnose a bacterial infection in her patient's spine, leading to the man's death from spinal meningitis less than two weeks later, and awarded the man's widow and estate $4.7 million.

  • October 15, 2019

    Calif. Pot Cos. Must Sign 'Labor Peace' Deals After 20th Hire

    California added teeth to its union-friendly cannabis laws with a new requirement that companies sign a so-called "labor peace" agreement with a union within 60 days of their 20th hire or risk losing their marijuana business license.

  • October 15, 2019

    Pa. Justices Ask If Judge Missed Chance To Weigh Juror Bias

    A judge who wasn’t present for voir dire in a medical malpractice case may have missed important cues about a potential juror’s biases and believability — and may never have a second chance at a first impression — several justices of the Pennsylvania Supreme Court said Tuesday. 

  • October 15, 2019

    True Health Set To Begin Soliciting Votes On Ch. 11 Plan

    A Delaware bankruptcy judge on Tuesday gave his nod for medical diagnostics firm True Health Group LLC's interim disclosure so it can begin soliciting votes late this week on its Chapter 11 plan, despite objections from the federal government that the process is moving too fast.

  • October 15, 2019

    AmerisourceBergen Fights To Shield Opioid Docs At Chancery

    Investors who sued AmerisourceBergen Corp. for records on the company's compliance with opioid drug distribution controls told a Delaware vice chancellor Tuesday during a one-day trial that the company had mischaracterized their demand to justify denial of documents.

  • October 15, 2019

    Real Estate Rumors: GL, First Industrial, Healthcare Realty

    GL Homes has reportedly paid $34 million for 28 acres in Florida, First Industrial Realty Trust is said to have picked up 19.4 acres in Florida, and Healthcare Realty Trust has likely paid more than $60 million for a property in Southern California.

Expert Analysis

  • 8 Best Practices For Cannabis Transaction Due Diligence

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    Given the extraordinary risks and evolving regulatory landscape in the rapidly expanding cannabis industry, investors should consider due diligence matters across a wide swath of legal fields when evaluating cannabis-focused transactions, say attorneys with Epstein Becker.

  • Why Trump's Orders On Agency Guidance Are Significant

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    ​Two recent executive orders ​​on the use of guidance documents by federal agencies​ represent a major change for virtually every executive agency ​and a historic assertion of the president’s authority under Article II to oversee the independent regulatory agencies, says Paul Noe, former counselor to the administrator of the White House Office of Information and Regulatory Affairs.

  • How AI Is Shaping FDA Medical Device Regulation

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    In this short video, Ben Haas and Elizabeth Richards of Latham discuss the U.S. Food and Drug Administration's recent efforts to account for artificial intelligence and real-world evidence in its medical device approval process.

  • CMS Stark Law Proposal Goes Beyond Value-Based Care

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    A recently proposed update to Stark Law regulations by the Centers for Medicare & Medicaid Services removes barriers to value-based health care arrangements, and provides other clarifications that will have a larger immediate effect on providers, say Jill Wright and Judith Waltz of Foley & Lardner.

  • Grading The Presidential Candidates On Cannabis Policy

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    Vince Sliwoski and Molly Nelson of Harris Bricken review all of the presidential candidates' stances on marijuana and rank them based on their current positions as well as their legislative history and prior rhetoric.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • 2 Overlooked Areas Of DHS' New 'Public Charge' Rule

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    Two likely consequences of a recent U.S Department of Homeland Security rule that redefines “public charge” and elements of a presidential proclamation requiring many immigrants to show they have health insurance have received little attention but may have a significant effect on visa processing, says Jeffrey Gorsky of Berry Appleman.

  • DOJ's Qui Tam Approach Seems To Be Shifting

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    In the past, when a whistleblower brought a complaint to the government, it was considered significant if the U.S. Department of Justice declined to intervene. In this short video, David Tolley and BJ Trach of Latham discuss how things have changed in recent years.

  • Employers Look To NJ High Court For Clarity On Medical Pot

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    The New Jersey Supreme Court’s upcoming decision in Wild v. Carriage Funeral Holdings will implicate and affect not only the state’s authorizing statute for medical cannabis, but also its anti-discrimination law and a new statute that expanded protections for workers who use medical marijuana, says Ruth Rauls of Saul Ewing.

  • Bid To Boot Opioid Judge Raises Questions On Judicial Roles

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    The attempt to disqualify Ohio federal judge Dan Aaron Polster from the multidistrict opioid litigation illustrates the complicated nature of disqualification decisions, and the conflict between two theories of judging — the disengaged balls-and-strikes umpire and the engaged, problem-solving citizen-judge, says former Illinois judge Raymond McKoski.

  • Email Notice Lessons From 7th Circ. Debt Collection Ruling

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    The Seventh Circuit's decision in Lavallee v. Med-1 doesn't mean that debt validation notices can’t be sent through email, and it’s unlikely to affect the Consumer Financial Protection Bureau’s proposed debt collection rule, but it does make clear that collectors must be careful when using electronic communications, say John Redding and Marshall Bell at Buckley.

  • AdvoCare Deal Puts FTC's 13(b) Authority In Spotlight

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    The Federal Trade Commission's Oct. 2 settlement of pyramid scheme claims with AdvoCare will have far-reaching effects, both for those in the direct selling industry and for those following the ongoing debate over the agency's authority to prosecute FTC violations, say attorneys at Kelley Drye.