Health

  • August 20, 2019

    Insys Creditors Want More Guarantees In Severance Plan

    Insys Therapeutics Inc.’s unsecured creditors want assurance that employees “involved or complicit” in criminal conduct will not receive severance pay as part of the pharmaceutical company’s Chapter 11, they told a Delaware bankruptcy court Tuesday.

  • August 20, 2019

    Calif. Surgeon Testifies J&J Mesh Has Low Complication Rate

    A practicing surgeon who chairs the University of California San Diego’s gynecology department told a California judge on Tuesday that pelvic meshes made by Johnson & Johnson unit Ethicon have low rates of complications and that some of the problems could occur with any pelvic surgery, as the company begins its defense in the false-marketing trial.

  • August 20, 2019

    Sanctions Sought Over Disclosure In Pa. Nursing Home Row

    Dueling experts disputed whether a Pittsburgh nursing home's lawyer improperly withheld documents from discovery during a negligence lawsuit and should be sanctioned, arguing the question before a Pennsylvania state court Tuesday.

  • August 20, 2019

    Puerto Rico Doctor Sees Med Mal Jury Verdict Canned

    A federal court in Puerto Rico threw out a jury verdict against a doctor for medical malpractice Tuesday, finding that the woman who filed suit after two allegedly botched back surgeries did not meet the statute of limitations for her claims.

  • August 20, 2019

    Promise Healthcare Suitor Claims Push To Exit Ch. 11 Sale

    The manager of a once-approved buyer of bankrupt Promise Healthcare's two remaining hospitals told a Delaware judge on Tuesday he was advised in blunt terms to walk away from his $23.5 million deal by the CEO of a company now awaiting approval to acquire both facilities for $22 million.

  • August 20, 2019

    Gov't Wants FCA Claims Against UnitedHealth Unit Tossed

    The government asked a Pennsylvania federal court on Tuesday to toss a whistleblower's lawsuit accusing a UnitedHealth Inc. unit of hospital billing fraud, claiming that the costs of discovery during the seven-year-long litigation don't justify keeping the suit alive.

  • August 20, 2019

    Philly Hospital Ch. 11 Case In Danger As Judge Questions DIP

    The future of a Philadelphia children’s hospital was thrown into limbo Tuesday when a Delaware bankruptcy judge said he could not approve a $65 million post-petition loan as proposed, prompting the hospital’s operator to begin last-ditch efforts to reach a new deal with its lenders.

  • August 20, 2019

    NY Parents Can't Keep Vaccine Exemption For Disabled Kids

    A New York federal judge has denied an attempt by six parents of disabled children to block a recent law repealing a religious exemption to mandatory vaccinations in New York schools, saying the state’s mandate doesn’t contravene federal disability law or the U.S. Constitution.

  • August 20, 2019

    Zimmer Urges ITC To Block Rival's Bone Cements From US

    Zimmer Biomet is pressing the International Trade Commission to block German rival Heraeus Medical from bringing certain bone cement products into the United States, claiming its competitor is marketing those products using trade secrets obtained by pilfering Zimmer employees.

  • August 20, 2019

    Drugmaker Pays $200K To End SEC Fight Over Study Leaks

    A Florida pharmaceutical company will pay a $200,000 civil penalty to the U.S. Securities and Exchange Commission to end allegations it leaked medical studies that bolstered its case for approval of a drug to market analysts before giving that information to investors.

  • August 20, 2019

    Real Estate Rumors: MRK, Taconic, Witkoff

    A venture of MRK Partners has reportedly dropped $24 million on a Florida senior living facility, Taconic Investment Partners is said to be paying roughly $220 million for part of the former ABC campus in New York and Witkoff Group is said to have landed $31 million in financing for a residential project in California.

  • August 20, 2019

    Aetna Beats Class Expansion In Mental Health Coverage Suit

    Aetna on Monday defeated a bid to include all of its policyholders in a putative class alleging it violated the Employee Retirement Income Security Act by denying plan participants coverage for medically necessary psychiatric treatment through a "hidden" exclusion.

  • August 20, 2019

    Deals Rumor Mill: Saudi Aramco, Cigna, Avaya

    Saudi Aramco has picked banks to assist on its planned $100 billion IPO, Cigna is looking to sell a group benefits insurance business that could be worth up to $6 billion, and a private equity firm is looking to usurp Mitel’s planned offer for California technology company Avaya.

  • August 20, 2019

    'Whistleblower' NJ Atty, Nurse Can't Revive Job Bias Suit

    A New Jersey state appeals court refused Tuesday to revive a wrongful termination suit by a self-described "whistleblower" attorney and nurse, finding that her documented history of performance issues at her medical staffing services job sunk her claim she was forced out of the role for complaining about noncompliance.

  • August 20, 2019

    Mass. Hospital Can't Sink Doctor's Gender, Race Bias Claims

    A Massachusetts hospital must face most of a lawsuit from a neurosurgeon claiming a former supervisor tried to derail her career by telling lies about her to another hospital, with a federal judge refusing to ax claims that she was discriminated against because she is a woman and Indian.

  • August 20, 2019

    FDA Accused Of Dodging Food Safety Mandate

    Two consumer groups have sued the U.S. Food and Drug Administration in California federal court, accusing the agency of shirking its responsibilities by failing to establish inspection programs mandated by the Food Safety Modernization Act.

  • August 20, 2019

    3rd Circ. Gives Town New Chance On Abortion Clinic Buffer

    A New Jersey town will get another chance to defend a buffer zone it placed around an abortion clinic following the Third Circuit’s decision Monday that more findings are needed to determine if the barrier violates the free speech of protesters.

  • August 20, 2019

    Endo Pays $10M To Exit Opioid MDL Bellwethers

    Endo Pharmaceuticals Inc. on Tuesday announced it will pay $10 million and donate up to $1 million in prescription drugs to exit the lead bellwether cases in multidistrict opioid litigation.

  • August 19, 2019

    Planned Parenthood Exits Title X Over Abortion 'Gag Rule'

    Planned Parenthood opted Monday to exit Title X after nearly 50 years of participating in the federal grant program, rather than come into compliance with the Trump administration's so-called gag rule, which prohibits health care providers from giving patients abortion referrals.

  • August 19, 2019

    Philly Injection Site's Head Defends Facility's Legality

    The head of a proposed supervised injection site in Philadelphia pushed back against federal prosecutors Monday, insisting that the controversial facility, intended to reduce opioid overdose deaths, would not violate federal drug laws.

  • August 19, 2019

    California Rests Case In Ethicon Mesh False-Marketing Trial

    After five weeks of testimony, the state of California rested its main case Monday in the false-marketing trial against Johnson & Johnson and its Ethicon unit regarding a supposed failure to fully warn doctors and patients about the dangers of certain Ethicon surgical meshes.

  • August 19, 2019

    Husch Blackwell Boosts Phoenix Office With Lewis Roca Team

    Husch Blackwell has beefed up its Phoenix office with a four-attorney team specializing in complex commercial litigation that signed on from Lewis Roca.

  • August 19, 2019

    Utah Patient Can't Overcome 'Stingy' Gov't Immunity Law

    The Utah Supreme Court tossed a suit accusing a University of Utah medical professor of botching a woman's surgery, saying the patient failed to meet the strict requirements laid out by the "deliberately stingy" Utah Governmental Immunity Act.

  • August 19, 2019

    Juul Hit With False Ad Suit By Nicotine-Addicted Teen

    A teenager on Monday hit Juul and Philip Morris with a proposed class action in Illinois federal court alleging that deceptive marketing aimed at youths that downplayed the risk of nicotine addiction violates federal racketeering laws.

  • August 19, 2019

    Lead Attys Approved For Opioid MDL 'Negotiation Class'

    The Ohio federal judge supervising multidistrict opioid litigation approved lead attorneys Monday for a proposed “negotiation class” of local governments that would pursue nationwide settlements with drug companies accused of sparking a devastating addiction crisis.

Expert Analysis

  • Uncertainty On Hospital Disproportionate Share Pay Eligibility

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    In two recent disputes over whether hospitals serving a disproportionate number of low-income patients qualify for additional payments under Medicare and Medicaid, hospitals can claim one tentative win at the U.S. Supreme Court and one loss at the D.C. Circuit, say Stuart Gerson and Rob Wanerman of Epstein Becker.

  • Reinforcing Insurance Coverage For Gov't Investigations

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    The Superior Court of Delaware's recent decision in Conduent v. AIG Specialty Insurance adds to the authority that government investigations satisfy the "claim" and "wrongful act" definitions in claims-made professional liability insurance policies, and is instructive as to how policyholders can strengthen their coverage, say Donovan Hicks and Brian Scarbrough of Jenner & Block.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • What Cos. Should Consider To Prep For Nev. Data Privacy Law

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    Website operators that collect and sell Nevada residents' personal information should lay the groundwork for compliance with Nevada Senate Bill 220, effective on Oct. 1, which will be the first U.S. law to grant consumers the right to opt out of the sale of their data, say attorneys at Morgan Lewis.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • The Outlook On Drug Pricing And Surprise Billing In Congress

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    Recent months have seen a flurry of activity in Congress on prescription drug pricing and surprise medical bills, and additional developments are expected in September, including possible floor action, say attorneys at Akin Gump.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

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    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • Athenex Ruling Helps Clarify FDA Drug Compounding Policy

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    The D.C. federal court's recent decision in Athenex Pharma Solutions v. Azar gives the U.S. Food and Drug Administration a green light to review and exclude more substances from compounding under Section 503B of the federal Food, Drug and Cosmetic Act, say attorneys at Akin Gump.

  • 3rd Circ. Decision Limits Liability Of Board Observers

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    The Third Circuit's ruling that nonvoting board observers did not carry the same fiduciary duties as actual board members in Obasi Investment v. Tibet Pharmaceuticals holds broad applicability for private equity, venture capital funds and other third parties that frequently designate board observers, say attorneys at White and Williams.

  • State Net

    How States Are Attending To Medical Balance Billing

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    With emergency room visits involving care from out-of-network providers sometimes resulting in balance bills reaching thousands of dollars, 32 states this year have taken legislative action, and those that have not are under increasing pressure to do so, says Korey Clark of State Net Capitol Journal.

  • What OIG Self-Disclosure Guidance Means For HHS Grantees

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    Recently, the U.S. Department of Health and Human Services' Office of Inspector General issued guidance on mandatory and voluntary self-disclosure actions for grant recipients. Grantees need to understand the risks and benefits offered by voluntary self-disclosure, considering the OIG's aggressive enforcement calendar, say attorneys at Ropes & Gray.

  • Perspectives

    Addressing Health Care Liens In Sexual Assault Settlements

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    When litigating sexual assault cases that result in settlement, plaintiffs attorneys should thoroughly investigate how the plaintiff's medical bills were paid, and proactively prepare for insurers' potential health care liens, says Courtney Delaney of Epiq.

  • Opinion

    Clients Benefit From Law Firm Expense Growth

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    Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

  • Employer Insights From 8th Circ. Retaliation Ruling

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    The Eighth Circuit's recent decision in Lovelace v. Washington University School of Medicine — a suit alleging retaliation claims under the Family and Medical Leave Act and the Missouri Human Rights Act — reinforces for employers important causation principles and what constitutes a good-faith discrimination complaint, says Elisa Lintemuth at Dykema.