Health

  • December 06, 2019

    Fla. Asks High Court To Find Medical Pot Regs Constitutional

    Florida officials have urged the state Supreme Court to reject lower court holdings that its rules for licensing medical marijuana treatment centers may be unconstitutional, saying state lawmakers acted within their authority in making the controversial regulations.

  • December 06, 2019

    Data Breach Victims To Get Up To $6M In Banner Health Deal

    Banner Health has agreed to pay up to $6 million to a group of people affected by a 2016 data breach at the health care provider as part of a deal to put an end to a proposed class action over the massive cyberattack.

  • December 06, 2019

    DC Circ. Doubtful Of Jurisdiction In CareFirst Data Breach Suit

    The D.C. Circuit appeared likely to deliver a blow to CareFirst policyholders' putative class action over a 2014 data breach, after a three-judge panel expressed reservations on Friday about its authority to revive some claims a federal trial court tossed earlier this year.

  • December 06, 2019

    Talc Jury Told They Could Save Lives By Ruling Against J&J

    An attorney for a woman alleging Johnson & Johnson's baby powder caused her ovarian cancer told Missouri jurors on Friday that they could save thousands of women's lives with a verdict against the industry giant, while J&J's counsel countered that this was an attempt to inflame jurors so they would ignore the science.

  • December 06, 2019

    Up Next At High Court: Affordable Care Act Returns

    The Affordable Care Act and the Patent Trial and Appeal Board are back on the docket at the U.S. Supreme Court this week as the justices consider whether the government must cover billions in losses that insurers allegedly suffered participating in the ACA, along with the appealability of certain decisions by the PTAB.

  • December 06, 2019

    Surgeon Says Utah Children's Hospital Retaliated Against Him

    A Salt Lake City surgeon on Thursday accused a children's hospital of firing him and sabotaging his career after he complained that the hospital was operating an illegal patient referral program, according to a suit lodged in Utah federal court.

  • December 06, 2019

    Philly Hospital Fights Docs' Bid For Coverage Past Ch. 11 Sale

    Philadelphia’s bankrupt Center City Healthcare LLC declared dead on arrival Friday an emergency motion by former St. Christopher's Hospital medical professionals for a Delaware court ruling that the hospital’s Chapter 11 sale requires an extension of medical liability coverage for doctors cut from the staff.

  • December 06, 2019

    Calif. CBD Co. Sued After FDA Warning About Illegal Goods

    Just days after Koi CBD received a U.S. Food and Drug Administration warning over the marketing of its CBD products, a proposed class of consumers filed a California federal suit against the company claiming it knowingly sold illegal merchandise.

  • December 06, 2019

    NJ Archdiocese Can't Shake $2.7M Pension Underfunding Suit

    A New Jersey state judge on Friday nixed the Newark Archdiocese’s bid to escape a proposed class action that alleges it underfunded a pension plan by at least $2.7 million and left about 135 individuals without their promised lifetime benefits, rejecting the Catholic organization’s stance that the allegations in the suit fell short.

  • December 06, 2019

    Lieff Cabraser's Elizabeth Cabraser Talks About Opioids, VW

    Lieff Cabraser LLP's Elizabeth Cabraser recently spoke with Law360 about the complexities of navigating the opioid litigation, which pits local communities against the drug industry as they seek redress over the opioid crisis, as well as her plans to take her drum kit on the road if she ever retires from the law.

  • December 06, 2019

    Taxation With Representation: Covington, Simpson, Weil

    In this week's Taxation With Representation, Japan's Astellas Pharma shells out $3 billion for a California drugmaker, Revelstoke Capital Partners raises $1.4 billion for health care investments, and AK Steel is acquired in a $1.1 billion deal.

  • December 06, 2019

    Connecticut, Hospitals End Long-Running 'Provider Tax' Fight

    Hospitals in Connecticut are in line to collect $1.8 billion in state funds over the next six years under a deal to end a nonprofit group's years-old suit accusing the Constitution State of unlawfully saddling hospitals with a so-called provider tax.

  • December 06, 2019

    Nurse Alleges Pa. Hospital Ignored Her Sex Assault Report

    West Penn Hospital in Pittsburgh, part of Highmark Inc.’s Allegheny Health Network, failed to appropriately respond to a nurse's reports that she was sexually assaulted by a doctor, in violation of the Pennsylvania Human Relations Act, according to a lawsuit she filed in state court Thursday.

  • December 06, 2019

    SEC Scores Early Win In Mass. Biotech CEO Fraud Suit

    A Massachusetts federal judge has awarded the U.S. Securities and Exchange Commission an early victory in its suit against two biotech companies and former CEO Patrick Muraca over his misappropriation of investor funds, ruling that Muraca's conviction in a parallel criminal case supports the SEC’s civil claims.

  • December 05, 2019

    Jury Told Kite Wanted Sloan Kettering's Patients, Not Patent

    The founder of Kite Pharma on Thursday countered claims that he sought to license a Sloan Kettering-developed patent that Kite is accused of infringing, testifying to a California federal jury that he only pursued a meeting with a Sloan Kettering researcher to "get access to his patients," not his patent.

  • December 05, 2019

    Doctor Linked To Insys Convicted On Kickback Charges

    A New York doctor was convicted on Thursday of taking kickbacks from Insys Therapeutics Inc. in exchange for prescribing a potent painkiller sold by the company, while he awaits trial on separate charges that he prescribed "staggering quantities" of Oxycodone and fentanyl that killed a patient.

  • December 05, 2019

    NJ Justices Won't Touch Hospital's Patient-Steering Claims

    The New Jersey Supreme Court declined to decide if a lower court properly tossed Deborah Heart and Lung Center’s claims that Virtua Health and a physician’s group steered cardiac patients to other hospitals without their informed consent, according to an order made public Thursday.

  • December 05, 2019

    Colo. CBD Vendor Latest To Face Class Action Over Legality

    A Colorado CBD company has been hit with a proposed class action by a woman who claims the company's capsules and dog treats are illegal, citing recent guidance from federal regulators warning that the hemp-derived substance has thus far only been approved for narrow uses.

  • December 05, 2019

    Ex-Exec Can’t Redo Whistleblower Suit Over Tribal Firing

    A Washington federal judge refused to change his decision to hand the government an early win in a suit brought by a tribe’s ousted health executive who claims he was fired for whistleblowing about unlawful practices.

  • December 05, 2019

    Feds Can't Halt True Health's Ch. 11 Plan For Medicare Dispute

    A Delaware federal judge on Thursday denied the U.S. Justice Department's emergency motion to halt medical testing firm True Health Group LLC’s Chapter 11 plan as a dispute rages on over $5.2 million in Medicare reimbursement payments.

  • December 05, 2019

    Analysts Plead Not Guilty To Doctor's Office Ad Fraud Scheme

    Two former analysts for health care advertising company Outcome Health LLC told an Illinois federal judge Thursday they are not guilty of charges that they participated in a criminal conspiracy involving a multi-pronged advertising fraud targeting the company’s clients.

  • December 05, 2019

    Stinson Lands Former DOJ Health Care Fraud Enforcer

    Stinson LLP has hired a former federal prosecutor with the U.S. Department of Justice's Fraud Section to join its business litigation practice as a partner in Washington, D.C.

  • December 05, 2019

    Tufts Drops Sackler Name From Medical School Over Opioids

    Tufts University announced Thursday that it will be striking the Sackler name from the university’s medical school facilities and programs because of the name’s “association with the opioid epidemic” and creating a $3 million endowment for programs aimed at preventing and treating addiction and substance abuse.

  • December 05, 2019

    Gov't Wants Justices To Tackle ERISA Preemption Case

    The federal government has urged the U.S. Supreme Court to take on a case challenging an Arkansas law regulating pharmacy benefit managers' drug reimbursement rates, arguing that the Eighth Circuit wrongly held the statute was trumped by the Employee Retirement Income Security Act.

  • December 05, 2019

    Marijuana Magnate To Pay $4M In SEC Stock Boosting Suit

    A Colorado marijuana magnate will pay the U.S. Securities and Exchange Commission more than $4 million to settle claims that he made millions in a pump-and-dump scheme with Israeli medical marijuana company OWC Pharmaceutical Research Corp.

Expert Analysis

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • Scrutiny Of Patient Assistance Program Funding Is Rising

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    Recent anti-kickback enforcement actions from the U.S. Department of Justice highlight why relationships between pharmaceutical companies and funds that help patients afford prescriptions must maintain the required hallmarks of independence, say attorneys at Loeb & Loeb.

  • Evolving Deference Principles May Affect Tax Matters

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    Agency deference is sure to be a hot topic for taxpayers and their representatives in 2020, as several important cases addressed the issue this year, and the U.S. Department of the Treasury and the Internal Revenue Service have provided an incredible amount of guidance since 2017’s tax overhaul, say Andrew Roberson and Kevin Spencer at McDermott.

  • Patent Decision Highlights Cross-Appeal Considerations

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    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

  • Okla. Marijuana Ruling Underscores Broad Worker Projections

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    The Oklahoma Court of Civil Appeals’ recent employee-friendly decision in Rose v. Berry Plastics highlights the hardships employers could face when relying on a drug test as sole proof to show a medical marijuana licensee was under the influence at work, say Ellen Adams and Scott Kiplinger of GableGotwals.

  • Tracking 3 Enforcement Trends In Health Care

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    Now is a good time to consider the issues that received enforcement attention in the health care industry this year and how they may shape developments in 2020, says Jaime Jones at Sidley.

  • Opinion

    Time To Respect Florida Law And Patients' Right To Know

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    Florida's Amendment 7, which gives patients access to health care providers' records concerning adverse medical incidents, just celebrated its 15th birthday — so attorneys defending medical malpractice cases should stop citing statutes made obsolete by the amendment, says Nicholas Johnson of Cohen Milstein.

  • Perspectives

    Book Review: Who's To Blame For The Broken Legal System?

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    The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

  • Advising Cannabis Cos. As Mich. Legalizes Recreational Use

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    In light of Michigan's lighting-fast legalization of recreational marijuana sales, attorneys counseling cannabis companies should be aware of the unique state licensing requirements, and note the distinctions between dispensary, grower and processor clients ahead of the Dec. 1 rollout, says Lance Boldrey of Dykema.

  • State Net

    How States' 2020 Policy Agendas Are Taking Shape

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    State legislators are already hammering out their agendas for 2020, with data privacy and security, the gig economy, drug prices and Medicaid expansion likely to be central to next year's state legislative battles, says Rich Ehisen of State Net Capitol Journal.

  • The Top Pennsylvania Employment Law Changes In 2019

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    This year, equal pay, fair scheduling and paid sick leave updates dominated Pennsylvania’s employment law discussions, but 2020 promises more developments at the local, state and federal levels that will require employers to evaluate their policies and practices, says Stephanie Rawitt of Clark Hill.

  • 7 Questions As We Await HHS Health Info-Blocking Rule

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    In an upcoming final rule that would dramatically change the landscape of health information disclosures in the U.S. by reversing the typical privacy-governing framework, the U.S. Department of Health and Human Services may address several questions that have been raised during the public comment period, says Alex Dworkowitz at Manatt.

  • HHS Anti-Kickback Plan Could Boost Patient Engagement

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    The U.S. Department of Health and Human Services' recently proposed safe harbor to the Anti-Kickback Statute represents a welcome relaxation of regulatory barriers, potentially enabling providers to improve patient engagement and deploy technological products aimed at coordinated care, but it may present significant implementation challenges, say attorneys at Moses & Singer.

  • Health Care Fraud Lessons For Lawyers Advising Doctors

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    The U.S. Department of Justice's seven recent health care fraud takedowns reflect an overall shift in how this type of fraud works, from doctor-driven to doctor-enabled schemes, says Stephen Lee at Benesch.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.