Health

  • September 18, 2019

    9th Circ. Won't Revive Suit Over Army's Youth Diabetes Care

    The Ninth Circuit on Wednesday upheld a lower court's dismissal of an American Diabetes Association lawsuit over diabetes care in the U.S. Army's Child, Youth and School Services programs, finding it is moot because the policy was updated and lacks standing because the organization did not show any injury. 

  • September 18, 2019

    Woman's J&J Talc Bottle Contained Asbestos, Expert Says

    An electron microscopist told a California jury Wednesday that his laboratory found asbestos in a bottle of Johnson & Johnson baby powder owned by a woman who is alleging the company’s talc products gave her mesothelioma.

  • September 18, 2019

    11th Circ. Says Feds Can Sue Under Title II Of ADA

    The Eleventh Circuit has ruled that the federal government has the authority to challenge Florida's institutionalization of disabled children under Title II of the Americans with Disabilities Act, finding that Congress granted the power even though the act's language may be somewhat ambiguous.

  • September 18, 2019

    Health Co. Lied To Close Ill. Hospital For Assets, Suit Says

    A Tennessee health care company lied about its ability to keep an Illinois hospital open because it would rather cash in on $64 million in liquidated assets than honor a deal to sell it for $20 million, a hospital operator has claimed.

  • September 18, 2019

    FCC Links Lifeline, Medicaid Program Enrollment

    The Federal Communications Commission announced Wednesday that it has launched an automated system that links Medicaid and the agency's Lifeline verification program in an attempt to cut down on waste.

  • September 18, 2019

    Ill. Court Upholds Zero Damages Award In Allergy Mix-Up Trial

    An Illinois appellate court on Tuesday upheld a jury's decision to award zero damages to a woman who was injected with the wrong allergy medication despite also finding negligence, saying the evidence arguably showed damages were too minimal to warrant compensation.

  • September 18, 2019

    Novartis Halts Zantac Distribution, Citing Impurities

    A unit of Swiss drug maker Novartis AG announced Wednesday that it's halting distribution of its versions of heartburn medication Ranitidine, more commonly known as Zantac, because of contaminants found in the drug.

  • September 18, 2019

    TridentUSA Ch. 11 Plan Wins Court Approval

    A New York bankruptcy judge Wednesday approved health care provider TridentUSA's Chapter 11 plan, saying the deal handing the company’s ownership over to a major lender was fair and financially sound.

  • September 18, 2019

    W. Va. Hits J&J, Ethicon With Pelvic Mesh Suit

    West Virginia’s attorney general has hit Johnson & Johnson and its subsidiary Ethicon with a suit over their pelvic mesh, the problematic medical device that’s already cost several manufacturers billions in courtroom losses.

  • September 18, 2019

    Skadden-Led Envista Tops 2 Health Care IPOs Totaling $764M

    Dental products company Envista Holdings Corp. and biotechnology company IGM Biosciences Inc. saw shares spike in their public markets debuts Wednesday after pricing initial public offerings that raised a combined $764 million, tapping the services of four law firms.

  • September 18, 2019

    Illinois Retirees Can't Get Health Premium Claims Revived

    An Illinois appellate court has rejected a bid from a group of Mattoon, Illinois, municipal retirees to reinstate the bulk of their lawsuit claiming they were improperly required to pay more for health insurance premiums than current city workers, finding they couldn't sue under the state’s insurance code.

  • September 18, 2019

    Hong Leong, TPG Pay $1.2B For Hospitals In Southeast Asia

    Malaysian conglomerate Hong Leong Group is teaming up with TPG Capital to pay roughly $1.2 billion for a portfolio of hospitals in Southeast Asia that are focused on providing accessible and affordable health care to the region's middle class, the companies said Wednesday.

  • September 18, 2019

    Opioid 'Negotiation Class' Justifies DQ Bid, Distributors Say

    Drug distributors and pharmacies continued to press their surprise effort to disqualify the judge overseeing the opioid multidistrict litigation, saying his recent approval of a novel negotiation class merits their last-minute play.

  • September 18, 2019

    White House Dem Hopefuls Raise Pharma Deal Worries

    Nine Senate Democrats, including five running for president, have urged the Federal Trade Commission to look closely at the potential impacts on consumers from consolidation in the drug industry — namely the planned blockbuster mergers between AbbVie and Allergan and Bristol-Myers Squibb and Celgene.

  • September 17, 2019

    Pharma Giants Can't Shake Ariz. Hospital's Opioid RICO Suit

    A slew of major drugmakers and distributors on Monday lost their bids to kill a suit brought by Tucson Medical Center Inc. blaming the pharmaceutical giants for financial harm the nonprofit Arizona hospital says it suffered as a result of the companies' roles in the U.S. opioid crisis.

  • September 17, 2019

    Hospitals Win Challenge To $600M Medicare Pay Cut

    A D.C. federal judge ruled Tuesday that the Centers for Medicare & Medicaid Services exceeded its authority last year when it cut payments by hundreds of millions of dollars for outpatient hospital care that's not actually delivered on hospital campuses.

  • September 17, 2019

    Purdue Says 'Lives, Dollars' At Stake In Bankruptcy Case

    Besieged opioid maker Purdue Pharma LP made its first appearance in New York bankruptcy court Tuesday, winning approval to pay almost $2 million to key employees and up to $1.5 million in monthly legal fees, while touting its proposed settlement of opioid litigation as a benefit to America. 

  • September 17, 2019

    Couple Stole Key Research From Hospital, Feds Say

    A husband and wife who worked at an Ohio pediatric hospital for a decade have been accused of stealing medical research while employed at the hospital and marketing it in China.

  • September 17, 2019

    McConnell Wants CBD Enforcement Guidelines, Now

    Senate Majority Leader Mitch McConnell, R-Ky., wants the U.S. Food and Drug Administration to define when it will target companies making and selling unapproved CBD products long before the agency creates regulations to get those products on the market legally, a trade group for the hemp industry said Tuesday.

  • September 17, 2019

    3rd Circ. Revives FCA Suit Over UPMC Neurosurgery Referrals

    The Third Circuit on Tuesday revived three whistleblowers' claims that the University of Pittsburgh Medical Center violated the Stark Act and the False Claims Act, ruling that its neurosurgeons' pay structure allegedly incentivized them to conduct extra procedures that would require more hospital services to be billed to Medicare.

  • September 17, 2019

    Health Orgs, Nonprofits Can't Join Public Charge Lawsuits Yet

    A California federal judge won't let dozens of national advocacy groups, think tanks and health care organizations join a trio of lawsuits challenging the Trump administration's recent policy that penalizes immigrants for using certain public benefits.

  • September 17, 2019

    Charity Execs Settle SEC Claims They Cheated Dying Patients

    Two accused fraudsters have agreed to pay over $800,000 to quickly settle claims they used a fake charity to scam terminally ill patients out of hundreds of thousands of dollars, the U.S. Securities and Exchange Commission told a Texas federal judge.

  • September 17, 2019

    Merck Trade Secret Suit A Ploy To Aid Patent Case, Pfizer Says

    Merck is using a baseless trade secrets suit that vilifies a former employee to get a leg up in separate patent litigation with Pfizer, the ex-worker and Pfizer told a Pennsylvania federal court Monday.

  • September 17, 2019

    Ill. Hospital Workers Win Cert. In Overtime Suit

    An Illinois federal judge on Monday certified a collective action brought by employees of a Chicago-area hospital who allege they worked more than 40 hours a week taking calls from patients without being paid overtime.

  • September 17, 2019

    Weil Was Upfront About Repping Insys In Ch. 11, Atty Says

    Weil Gotshal & Manges LLP was upfront with a former Insys Therapeutics Inc. executive when the firm was also called upon to represent his former company in bankruptcy proceedings, a firm partner said Monday in an affidavit, pushing back on the executive's claim that he was in the dark about the potential conflict.

Expert Analysis

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Insurer Claims-Adjustment Documents Are Often Discoverable

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    Despite insurers' claims to the contrary, a Colorado federal court's recent decision in Olsen v. Owners provides a helpful reminder that claims-adjustment communications and documents often fall well outside the ambit of traditional privilege protections, even when an attorney is involved, say Christopher Sheehan and Jan Larson of Jenner & Block.

  • Outsourcing Facilities Face Rising Drug Compounding Risks

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    Recent actions by the U.S. Food and Drug Administration and lawsuits filed by drug manufacturers indicate that it is more important than ever for outsourcing facilities to comply with FDA policies regarding bulk drug substances allowed for use in compounding, say attorneys at Ropes & Gray.

  • Henry Schein Case Illuminates Maze Of Arbitrability Questions

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    While the U.S. Supreme Court’s Henry Schein decision strengthens the enforceability of arbitration provisions, the Fifth Circuit’s ruling on remand concerning arbitrability authority, exemplifies a need for careful drafting of arbitration clauses, say Andrew Behrman and Brandt Thomas Roessler at Baker Botts.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Calif. Guidelines Advance Telehealth For Medicaid Patients

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    Although the California Department of Health Care Services' updated guidelines expanding telemedicine reimbursement have some shortcomings, they open new channels of care for many Medicaid beneficiaries and raise intriguing prospects for similar programs across the country, say Harsh Parikh and Jill Gordon of Nixon Peabody.

  • Top 5 Modern Tax Challenges For Digital Health Companies

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    As jurisdictions around the world adapt and modernize to capture revenue that would otherwise escape taxation under frameworks put in place long before today’s technology existed, digital health companies face rising tax uncertainty, say Kathleen Gregor and Elizabeth Smith of Ropes & Gray.

  • FCC Rural Health Developments Shift Focus To Functionality

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    The Federal Communications Commission's proposed plans to modernize and fund its rural health care programs represent a new approach prioritizing patients' nuanced needs, rather than focusing on the rurality of health care providers, says Danielle Frappier of Davis Wright.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • Gov't Win In AseraCare FCA Case Benefits Both Sides

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    While Monday’s Eleventh Circuit decision in United States v. AseraCare provides the government the opportunity to continue litigating its claims, False Claims Act defendants will undoubtedly take refuge in the less plaintiff-friendly falsity standard articulated by the court, say Derek Adams at Feldesman Tucker and Erica Blachman Hitchings at the Whistleblower Law Collaborative.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Reviewing Recent FDA Activity In Bulk Drugs Lists

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    The U.S. Food and Drug Administration's recent revisions to its bulk drug lists may significantly hinder pharmacies' and outsourcing facilities' ability to get patients access to critical medications, and some of those facilities may sue the FDA for interfering with the practice of medicine, say Rachael Pontikes and Kelly Kearney of Reed Smith.

  • What CMS Rule On Affiliations Means For Health Providers

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    As the Centers for Medicare & Medicaid Services phases in its new provider enrollment process, only some providers and suppliers will be immediately affected, but in time all providers will need to monitor their affiliations, which could prove challenging, say Jill Wright and Judith Waltz of Foley & Lardner.