Health

  • November 05, 2024

    Abortion Ballot Tracker: 7 States Add Protections As Fla. Effort Fails

    Residents in seven states voted to enshrine abortion rights in their state constitutions Tuesday while similar efforts failed in three other states, including Florida, where a closely watched and hotly contested ballot issue couldn't muster enough support.

  • November 04, 2024

    Kroger, State AGs Finalize Sprawling $1.37B Opioid Deal

    Kroger will pay $1.37 billion to dozens of states and thousands of counties, municipalities and Native American tribes to resolve allegations the grocery store chain contributed to the opioid crisis, with Ohio, California and Texas seeing the largest distributions, according to a finalized settlement unveiled Monday.

  • November 04, 2024

    DOD Trans Healthcare Denial Discriminates, Judge Rules

    A Maine federal judge ruled Monday that the U.S. Department of Defense's denial of healthcare coverage for two transgender women's gender-confirmation surgeries violates the Fifth Amendment's equal protection clause, finding that the way the department applied a statutory exclusion discriminated based on sex and transgender status.

  • November 04, 2024

    Whistleblowers Win Cut Of Medical Kickback Settlement

    Three whistleblowers who tipped off the federal government to a medical device company's multimillion-dollar kickback scheme are entitled to a cut of the $3 million in False Claims Act settlements paid by surgeons who admitted participating in the sham consulting ploy, a Boston federal judge ruled Monday.

  • November 04, 2024

    Sanctions Lessened Against Testing Co. That 'Duped' Judge

    A California federal judge Monday lessened sanctions imposed on Natera Inc. in a false advertising case first brought by rival Guardant Health Inc., allowing some clinical cancer study evidence to be presented at a trial starting Tuesday despite his earlier finding that Natera's expert and counsel had "duped" the court.

  • November 04, 2024

    With Lawsuit Pending, Nebraskans To Vote On Medical Pot

    A pair of initiatives to legalize medical marijuana in Nebraska and regulate its sale will appear on the ballot on Election Day, but a pending legal challenge whose trial concluded Monday means it is unclear whether the initiatives will take effect even if they do get voter approval.

  • November 04, 2024

    Del. Judge To Approve Avante Ch. 11 Financing

    A Delaware bankruptcy judge Monday agreed to approve debtor-in-possession financing for Jordan Health, the corporate parent of medical equipment service provider Avante Health, after the debtor and DIP lender struck a deal with the official committee of unsecured creditors.

  • November 04, 2024

    Debt Collectors Sue Over CFPB's Guidance On Medical Debt

    A debt collection trade group has sued the Consumer Financial Protection Bureau in Washington, D.C., federal court to overturn recent guidance that warned collectors about seeking payment on potentially inflated or unverified medical bills, slamming it as an "overtly political" end-run around proper rulemaking.

  • November 04, 2024

    Cigna Scores $7.3M Verdict Against Fla. Drug Testing Labs

    A Connecticut federal jury on Monday handed Cigna Health and Life Insurance Co. a victory against three Florida boutique drug testing laboratories, finding the labs unjustly billed nearly $7.3 million for tests on substance abuse patients that the insurer declared medically unnecessary.

  • November 04, 2024

    NY AG Seeks Contempt For Anti-Abortion Org's 'Interference'

    Counsel for the New York attorney general asked a federal judge Monday to hold an anti-abortion group in contempt for allegedly seeking to interfere with women's access to clinics despite an injunction, prompting questions about the limits of an advocate's civil rights.

  • November 04, 2024

    VA Accused Of Choosing 'Pass-Through' Co. For $257M Deal

    A veteran-owned small business has challenged a $256.8 million U.S. Department of Veterans Affairs telehealth program support contract, saying the VA wrongly chose a small business joint venture that effectively served as a pass-through for a larger company.

  • November 04, 2024

    Yale Gets 2nd Circ. Win In COVID Test Reimbursement Row

    A Connecticut medical practice can't sue Yale University under federal legislation enacted during the COVID-19 pandemic to recover the $1.1 million it said it incurred while providing COVID testing to university health plan members, the Second Circuit ruled Monday, finding no private cause of action existed.

  • November 04, 2024

    McKesson Inks $450K DOL Deal Following Hiring Bias Probe

    The U.S. Department of Labor announced Monday that McKesson Medical-Surgical Inc. has agreed to pay nearly $450,000 to resolve the agency's claims that it gave hiring preferences to Asian job applicants over Black, Hispanic and white job hopefuls.

  • November 04, 2024

    MultiPlan Judge Raises Eyebrows At Attys' Biz Flight Billing

    Counsel leading multidistrict litigation over Multiplan's pricing tools quickly revised their plans Monday for attorneys who take longer flights for the case, after an Illinois federal judge questioned why certain travelers received special treatment "arguably on the class's dime."

  • November 04, 2024

    Hospital Can't Undo Widow's $5M Win Over Husband's Suicide

    An Illinois state appeals court won't upend a $5 million verdict awarded to a widow against a Cook County hospital in a suit over her husband's death by suicide, finding that the widow's expert testimony was enough for a jury to conclude that the doctor's negligence led to the death.

  • November 04, 2024

    Rehab Sued Over Staffer's Alleged Relationship With Patient

    The father of a patient at a Newport Academy treatment center is alleging in federal court that one of the facility's care coordinators engaged in an inappropriate relationship while his son was a minor in the residential treatment program.

  • November 04, 2024

    Walgreens To Pay $100M In Suit Alleging Inflated Drug Prices

    Walgreens has agreed to hand over $100 million to settle claims from consumers and unions that it unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less, according to an Illinois federal court filing.

  • November 04, 2024

    NJ Health System Hits Ch. 11 With Plans To Restructure Debt

    A New Jersey nonprofit that operates three hospitals filed for Chapter 11 in Delaware, saying it faced increased operating costs after COVID-19 and hopes to restructure its debt.

  • November 01, 2024

    COVID Death Suit Not Barred By PREP Act, 11th Circ. Affirms

    A split Eleventh Circuit affirmed a lower court's decision Thursday to remand to state court a lawsuit over a nursing home resident's COVID-19 death, finding preemption may cover a defendant sued for following federal public health emergency guidelines, but not when, as in the instant case, the guidelines were allegedly unheeded.

  • November 01, 2024

    Elevance Says Flawed Medicare Rating System Cost It $375M

    Elevance Health Inc. has hit the Biden administration with a $375 million lawsuit in Texas federal court after the government slashed star ratings for its Medicare Advantage and Part D health plan contracts in the latest of multiple lawsuits by insurance companies challenging the government's rating system.

  • November 01, 2024

    Suit Says Nursing Home Let Resident Fatally Fall Down Stairs

    A Pittsburgh-area nursing home failed to recognize the high level of supervision needed for a resident prone to wandering off, and left her alone long enough that she rolled her wheelchair down a flight of stairs and died, her family said in a lawsuit filed in Pennsylvania state court.

  • November 01, 2024

    Construction Co. Must Face 'COVID Building' Fall Suit

    An Indiana appeals court has reinstated a suit against a construction company blaming it for causing a woman's injuries after she tripped on a brace that had been left after the construction of a temporary "COVID building" next to a hospital's emergency room, saying the woman's injuries were foreseeable.

  • November 01, 2024

    Colo. To Boost Services To End Feds' ADA Discrimination Suit

    Colorado has agreed to implement new housing and support practices to ensure adults with physical disabilities have adequate help to leave nursing facilities and receive services in their own homes, as part of a settlement announced Friday to end a U.S. Department of Justice lawsuit.

  • November 01, 2024

    Health Data Co. Urges 4th Circ. To Keep Access Open

    Nursing home data analytics company Real Time Medical Systems urged the Fourth Circuit on Friday to keep in place an order that stops electronic medical records company PointClickCare from using unsolvable captcha prompts to block access to patient records.

  • November 01, 2024

    Medisca Inks $22M FCA Deal Over Ingredient Pricing Scheme

    Pharmaceutical chemical supplier Medisca Inc. has agreed to pay $21.75 million to resolve allegations it created false and inflated average wholesale prices for ingredients used in compound prescriptions sold to pharmacies that increased reimbursement and caused federal healthcare programs to pay more for them, the U.S. Department of Justice announced on Friday.

Expert Analysis

  • 1st Gender Care Ban Provides Context For High Court Case

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    The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth

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    Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.

  • Series

    After Chevron: Scale Tips Favor Away From HHS Agencies

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    The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.

  • Series

    After Chevron: FDA Regulations In The Crosshairs

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    The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: Expect Limited Changes In USPTO Rulemaking

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    The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Calif. Ruling Heightens Medical Product Maker Liability

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    The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.

  • Constitutional Protections For Cannabis Companies Are Hazy

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    Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

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