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Health
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August 01, 2024
Hogan Lovells Recruits Two From Foley Hoag To Health Team
Hogan Lovells said Thursday it has hired two Foley Hoag partners experienced in complex regulatory, legislative and legal policy affecting medical technology and biopharmaceutical companies to join the firm's health practice.
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July 31, 2024
Portland Clinic Let Colonoscopy Patient Die, Jury Hears
A Portland Clinic doctor and staff did almost nothing to help an anesthetized colonoscopy patient while he went without oxygen for 22 minutes, jurors heard during opening arguments in an Oregon medical malpractice trial Wednesday.
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July 31, 2024
Wells Fargo Let Workers' Prescription Costs Soar, Suit Says
A group of former Wells Fargo employees have accused the banking giant of mismanaging its prescription drug benefits program, costing its Employee Retirement Income Security Act plan and employees millions of dollars in premiums and medication costs, according to a proposed class action in Minnesota federal court.
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July 31, 2024
Wash. Hospital Workers Keep $230M Wage Win, Attys Get 30%
A Washington state court rejected a hospital system's attempt to undo its nearly $230 million loss in a class wage and hour case, ruling Wednesday that jurors reasonably relied on expert damages calculations, while also signing off on a roughly $70 million attorney fee award for class counsel.
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July 31, 2024
Novartis Says FDA Wrongly OK'd Generic Heart Drug
Pharmaceutical company Novartis alleges the U.S. Food and Drug Administration unlawfully approved a generic version of the drugmaker's heart failure medication Entresto in a new lawsuit in D.C. federal court.
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July 31, 2024
Guardian Elder Care Nursing Homes in Pa., W.Va. Enter Ch. 11
A group of 19 skilled nursing homes in Pennsylvania and West Virginia filed for Chapter 11 bankruptcy protection amid declining patient numbers, telling a federal bankruptcy judge Wednesday that the plan was to stay in operation long enough to sell the facilities.
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July 31, 2024
Gov't Fights Doctor's Bid For New Trial In NBA Fraud Case
Federal prosecutors are urging a New York district judge to reject a request for a retrial from a Seattle doctor found guilty for his role in a vast NBA fraudulent healthcare scheme, arguing that it properly admitted its evidence at trial, and it was more than enough to support the guilty verdict.
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July 31, 2024
Quality Not Baked Into NC Hospital Deal, HCA Tells Biz Court
A for-profit healthcare network has asked the North Carolina Business Court to find that its contract to buy an Asheville hospital didn't specify the quality of services it must provide, saying the state attorney general has sought to impose demands that don't exist.
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July 31, 2024
Colo. Judge Won't Combine DaVita FLSA Suits
A Colorado federal judge has declined to consolidate two collective wage actions against DaVita Inc., saying she is skeptical of a former nurse's arguments that the parallel cases would create extra expenses for the parties, and the judge is reluctant to halt one case to wait for the other to catch up.
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July 31, 2024
Steward Health Care Gets OK To Close 2 Mass. Hospitals
A Texas bankruptcy judge Wednesday approved the closure of two Massachusetts hospitals owned by Steward Health Care after the debtor said that it was unable to find buyers for them.
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July 31, 2024
Final DOI Report Finds Nearly 1,000 Died At Boarding Schools
Nearly 1,000 Indigenous children died while attending federal government-run boarding schools, according to the Department of Interior's second — and final — report that follows a three-year investigation into harsh conditions the students were forced to endure over the course of more than a century.
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July 31, 2024
NJ Clinic Immune From Personal Injury Claims, Panel Rules
A New Jersey appellate panel has backed the dismissal of a patient's lawsuit alleging that she was seriously injured by a slip and fall at a Garden State health clinic, ruling that the clinic is immune from the suit because it is a nonprofit organized to provide charitable health education services.
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July 31, 2024
$7.25M Del. Settlement Offered In $1.35B UpHealth SPAC Suit
Parties to a Delaware Court of Chancery stockholder suit that challenged a $1.35 billion take-public "blank-check" company merger with Florida-based digital health manager UpHealth Inc. have reached a $7.25 million settlement of all claims, pending court approval, according to an agreement filed Tuesday.
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July 31, 2024
10th Circ. Finds Plenty To Prove Colo. Doctor's COVID Fraud
A Tenth Circuit panel has affirmed fraud convictions for a former Colorado physician, concluding that there was a wealth of evidence to find him guilty of swindling government COVID-19 aid programs and spending the money on himself.
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July 31, 2024
NC Defense Attys Say Virus Law Case Can 'Unsettle' Immunity
A North Carolina defense attorney group asked to jump into a medical malpractice suit in the state's high court Wednesday, offering what it described as a warning that if a decision stands on a COVID-19 law, immunity from lawsuits will be "unsettled."
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July 31, 2024
CVS Appeal Blocked In Whistleblower Suit Over Drug Prices
A Pennsylvania federal judge has barred CVS Health Co. from making an interlocutory appeal over his interpretation of regulations in a whistleblower's lawsuit claiming the company's prescription entities falsely reported drug prices to the government. The judge recommended that a trial date be set in the decade-long litigation instead.
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July 31, 2024
Yale Hospital Fired Worker In Cancer Treatment, Estate Says
Yale New Haven Hospital "effectively" terminated a physician's assistant while she was on medical leave after a cancer diagnosis, then allowed her to return but refused to let her work remotely during chemotherapy treatments and fired her months before her death in September 2023, according to a lawsuit from her estate.
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July 31, 2024
4 Mass. Rulings You May Have Missed In July
Massachusetts state court judges refereed a damages dispute between a real estate titan and a Big Four consultant, ruled in favor of allegedly underpaid healthcare workers and untangled a defamation suit over a labor executive's old social media posts, among other notable rulings during the month of July.
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July 31, 2024
Mental Health Biz Hits $3.3B Valuation After Funding Round
Behavioral health solutions provider Spring Health announced Wednesday it reached a valuation of $3.3 billion following the closing of its Series E funding round, in which the company raised $100 million.
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July 30, 2024
Cook Medical Vein Filter Claims Came Too Late, 7th Circ. Says
The Seventh Circuit on Tuesday upheld Cook Medical LLC's win in a woman's lawsuit claiming the company's inferior vena cava filter caused her to develop abdominal pain and that the device fractured when it was removed, saying the suit was filed after the statute of limitations had expired.
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July 30, 2024
Immunity Bars Most Vaccine Challenges, Conn. Justices Rule
The Connecticut Supreme Court on Tuesday narrowed a challenge to a law that eliminated religious exemptions to the state's school vaccination mandates, ordering a trial judge to dismiss two parents' constitutional claims while leaving open for future proceedings a free exercise claim filed under a state statute.
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July 30, 2024
Rite Aid Sued Over Data Breach That Affected 2.2M Customers
Rite Aid was hit with a proposed class action Friday in Pennsylvania federal court accusing it of failing to safeguard more than 2.2 million of its customers' personal information associated with purchases of certain retail products made seven years ago, after hackers accessed its network using an employee's credentials.
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July 30, 2024
Mich. Supreme Court Reins In Wrongful-Death Damages
The Michigan Supreme Court ruled Tuesday that families are not entitled to recover a loved one's future earning capacity as damages in wrongful-death lawsuits, trimming the award potentially available to parents who sued a hospital after their 13-year-old's death from meningitis.
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July 30, 2024
DC Circ. Finds NIH's Comment Restrictions Unconstitutional
The National Institutes of Health violated the First Amendment when the agency used keyword filters to hide comments from animal rights activists on its official Facebook and Instagram pages, a D.C. Circuit panel ruled Tuesday.
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July 30, 2024
AIDS Org Sues Express Scripts For PBM Monopoly
The world's largest HIV/AIDS healthcare organization is joining the slew of litigants suing pharmacy benefit manager Express Scripts, claiming in a new complaint that the pharmacy giant has leveraged monopoly power in Louisiana to suppress competition among independent specialty pharmacies that focus on rare and complex medical conditions.
Expert Analysis
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims
In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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Ch. 11 Case Shows Why Plan Acceptance Procedures Are Key
Sunland Medical's recent liquidation plan proposal is an important example of how top-notch judges and attorneys propose and analyze complex issues during the confirmation process, and the bankruptcy court was forward-thinking to consider the implications of such proposed treatment in the face of the Bankruptcy Code, says Kyle Arendsen at Squire Patton.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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FDA Warning Letter Tightens Reins On 'Research Only' Labels
A recent warning letter from the U.S. Food and Drug Administration to Agena Bioscience alleged the company’s diagnostic devices were labeled for research use only, but improperly promoted for human clinical purposes, signifying a reinforcement — and a potential narrowing — of the agency's policy on products labeled “research only,” say attorneys at Sheppard Mullin.
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Behind Indiana's Broad New Healthcare Transactions Law
The high materiality threshold in Indiana's recently passed healthcare transaction law, coupled with the inclusion of private equity in its definition of healthcare entities, makes it one of the broadest state review regulations to date, say attorneys at DLA Piper.
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Perspectives
Advocating For Disability Rights In Probation And Parole
While the U.S. continues to over-police people with disabilities, defense attorneys can play a crucial role in ensuring that clients with disabilities who are on probation or parole have access to the accommodations they need and to which they are legally entitled, says Allison Frankel at the ACLU.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.