Health

  • May 30, 2025

    5th Circ. To Rehear No Surprises Act Ruling En Banc

    The full Fifth Circuit agreed Friday to reconsider a dispute over provisions for calculating qualifying payments under the 2020 No Surprises Act.

  • May 30, 2025

    Iowa Supreme Court Reinstates $3.2M Med Mal Verdict

    The Iowa Supreme Court on Friday reinstated a jury's $3.25 million verdict in a suit accusing a physician of failing to properly repair an incision made to assist a patient's childbirth that caused injuries, saying a lower court wrongly deemed certain expert testimony deficient.

  • May 30, 2025

    Pa. Justices Back Hospital Tax Break Despite High Salaries

    The corporate structure and high executive pay at a Montgomery County, Pennsylvania, hospital were not reason enough to take away its nonprofit, tax-exempt status, the state Supreme Court ruled Friday.

  • May 30, 2025

    Judge OKs Steward Lender Deal, Ch. 11 Plan Vote

    A Texas bankruptcy judge on Friday sent Steward Health Care's Chapter 11 plan out for a creditor vote and approved a settlement between the hospital chain and its secured lenders, saying the deal is the only way any other creditors will see a dime.

  • May 30, 2025

    Generic-Drug Makers Near Exit From Depo-Provera MDL

    Attorneys for the plaintiffs in a multidistrict litigation claiming Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive Depo-Provera told a Florida federal judge that they are close to dismissing claims against three manufacturers of generic versions of the drug.

  • May 30, 2025

    Former Pfizer Atty, Motley Rice Adviser Joins DiCello Levitt

    A former Pfizer vice president and assistant general counsel, who last June entered into a consulting agreement with Motley Rice LLC, is joining DiCello Levitt as a partner as part of the firm's Washington, D.C., public client practice group, the firm recently announced.

  • May 30, 2025

    Mich. Workers Get Final OK For Boot-Up Suit Settlement

    A Michigan federal court greenlighted an $86,000 settlement resolving an insurance specialist's collective action accusing a home healthcare company of failing to pay employees for the time they spent booting up their computers.

  • May 30, 2025

    Temple U., Cancer Center Can't Dodge Prof's Sex Bias Claims

    Temple University and its cancer research center can't shut down the bulk of a researcher's suit claiming her supervisor refused to support her after she complained about his unwanted advances, a Pennsylvania federal judge ruled, finding she plausibly alleged harassment interfered with her job.

  • May 30, 2025

    Ex-Tilton Portfolio Co. Files Ch. 7 With $88M Debt

    Intrepid USA Inc., a home health and hospice service provider that was part of Lynn Tilton's turnaround empire, has filed for Chapter 7 liquidation in a Texas bankruptcy court with more than $88 million in debt, nearly all stemming from its 2024 sale.

  • May 30, 2025

    Rehab's Ex-Kitchen Worker Drops Unpaid Wage Case

    A former kitchen worker for a drug and alcohol rehabilitation center is no longer pursuing his claims that the nonprofit failed to pay him minimum and overtime wages, and sometimes didn't pay him at all, according to a filing Friday in Georgia federal court.

  • May 29, 2025

    AstraZeneca Inks $51.4M Settlement In Pay-For-Delay Case

    AstraZeneca Pharmaceuticals LP and Handa Pharmaceuticals LLC have agreed to shell out a combined $51.4 million to put to rest allegations AstraZeneca paid off generic-drug makers, including Handa, to protect its brand antipsychotic drug Seroquel XR, according to a filing Thursday in Delaware federal court.

  • May 29, 2025

    CMS Seeks Hospital Responses On Gender Dysphoria Care

    The Centers for Medicare & Medicaid Services is asking hospitals to produce information on gender dysphoria care provided to children and adolescents, noting in an oversight letter that the U.S. government has "serious concerns" surrounding hormone therapy and other gender-affirming medical interventions.

  • May 29, 2025

    Eyemart Shakes Suit Over Sharing Of Health Data With Meta

    A Texas federal judge has tossed a proposed class action accusing Eyemart Express LLC of unlawfully sharing information about website visitors with Meta Platforms Inc., finding that the plaintiffs had failed to allege that any of their private health data had been sent to the social media platform. 

  • May 29, 2025

    Judge Trims Most, But Not All, Of Grifols Suit Over Share Price

    A New York federal judge Thursday tossed several defamation claims made by Spanish healthcare company Grifols SA against short seller Gotham City Research, finding that the claims are opinions and therefore inactionable, while keeping alive a claim tied to statements in the report that Grifols failed to disclose a $95 million loan, finding it was a factual statement.

  • May 29, 2025

    Panel Clears Hospital Of Contempt In 'Audit Trail' Dispute

    An Illinois appeals court on Thursday vacated a trial court's finding of contempt against a hospital in a suit over a newborn's injuries, saying there was insufficient evidence that a certain type of "audit trail" metadata existed in electronic health records.

  • May 29, 2025

    Ga. BCBS Says Providers Are Gaming Billing Dispute System

    Blue Cross Blue Shield of Georgia has accused a healthcare consulting firm and a handful of Peach State providers of systematic abuse of a federal dispute resolution process for surprise medical bills, accusing them of "flooding" the system with bogus dispute claims.

  • May 29, 2025

    Express Scripts Says Arkansas Can't Ban PBM Pharmacies

    Pharmacy benefits manager Express Scripts sued the state of Arkansas in federal court Thursday, alleging that the state's recently enacted law banning PBMs from owning pharmacies in the state violated the U.S. Constitution and ran afoul of federal law governing military employee benefits.

  • May 29, 2025

    Monsanto Won't Get Damages Offset In $100M PCB Tort Loss

    A Washington state judge has denied Monsanto's bid to reduce the latest $100 million verdict in a chemical poisoning tort series that's yielded more than $1 billion in punitive damages, concluding that the agro-chemical giant hid the health dangers of PCBs for decades in pursuit of profit.

  • May 29, 2025

    Split 9th Circ. Says Spa's Rule On Certain Trans Women Biased

    A divided Ninth Circuit refused to reinstate a Korean spa's constitutional challenge against the Washington State Human Rights Commission and ordered it to rescind its policy denying admission to trans women without gender-affirming surgery, noting Thursday the policy violated state law prohibiting discrimination based on sexual orientation and gender identity.

  • May 29, 2025

    Conn. Group Home To Mediate $13.4M Death Appeal

    An assisted-living facility and the mother of a resident who died in its care will enter mediation in an effort to settle their ongoing legal dispute, which has already resulted in a $13.4 million jury verdict, according to a new filing in the Connecticut Appellate Court.

  • May 29, 2025

    7th Circ. Probes Hartford's Denial Of Benefits To Ex-PwC Exec

    A Seventh Circuit panel weighing Thursday whether to restore long-term disability benefits to an ex- PricewaterhouseCoopers LLP executive with fibromyalgia asked her attorney and counsel for the insurer that denied benefits if the lower court should have considered prior claim history and a consultant's report finding her condition precluded "meaningful employment."

  • May 29, 2025

    Judge Favors Vanda But Seeks Deal Over Drug Approval

    A D.C. federal judge on Thursday seemed ready to rule for Vanda Pharmaceuticals Inc. in its challenge to the U.S. Food and Drug Administration's timelines for approving new drugs but asked both sides to first try negotiating remedies to resolve the dispute.

  • May 29, 2025

    Masimo Founder Slaps Board With Lawsuit Over His Ouster

    The founder and former CEO of Masimo Corp. has alleged six of the medical technology company's directors orchestrated his wrongful termination and denied him the compensation he is now owed, according to a suit for hundreds of millions of dollars filed against the executives in California state court.

  • May 29, 2025

    Drugstores Say Texas Flouted Rules To Update Pharmacy Regs

    The National Association of Chain Drug Stores Inc. told the Texas Supreme Court that updates to statewide policy governing how pharmacies report drug prices flouted Texas rulemaking procedures, telling the state's high court that even if the updates were "good policy" they weren't lawful.

  • May 29, 2025

    IRS Delaying $11M Worker Tax Credit Payout, Hospital Says

    A hospital forced to suspend its normal business as it responded to the COVID-19 pandemic told a Washington federal court Thursday that it's entitled to an $11.5 million tax refund for employee retention credits and that the IRS has failed to deliver the promised aid.

Expert Analysis

  • Liability Risk For AI In Medical Devices Demands Greater Care

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    As regulators push for legal reform surrounding artificial intelligence and cases implicating product liability for AI in medical technology continue to rise, manufacturers must adapt and implement new strategies to accommodate evolving risks, say attorneys at Crowell & Moring.

  • Top 10 Noncompete Developments Of 2024

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    Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • What 2024 Tells Us About Calif. Health Transaction Reviews

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    Looking back at the California Office of Health Care Affordability's first year accepting notices for material healthcare transactions reveals critical lessons on what the OHCA's review process may mean for the future of covered transactions in the state, say attorneys at Ropes & Gray.

  • Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas

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    Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.

  • Updated HIPAA Rule Is A Necessary Step For Data Protection

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    The U.S. Department of Health and Human Services' updated rules addressing cybersecurity threats in healthcare will necessitate significant investment in technology, training and compliance infrastructure, but are an essential evolution in safeguarding data in an increasingly digital world, say attorneys at Clark Hill.

  • 6 Predictions For Cyber Risk And Insurance In 2025

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    This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • How Trump 2.0 May Change Business In Latin America

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    Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.

  • Opinion

    Courts Must Curb The Drug Price Negotiation Program

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    The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • The OIG Report: Preparing For Oversight In 2025

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    Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • How To Manage During A Trade Dispute With USMCA Partners

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    Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.

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