Digital Health & Technology
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November 03, 2023
GoodRx Threatened With Sanctions Over Settlement Notice
A California federal judge ordered GoodRx to explain why the company shouldn't be sanctioned after failing to notify the court about a related nationwide proposed class action in Florida that reached a preliminary settlement over claims the company improperly shared users' data to Meta Platforms Inc. and Google.
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November 02, 2023
Hospitals Challenge Federal Guidance On Website Tracking
The American Hospital Association sued the Biden administration Thursday over federal guidance restricting the use of online tracking technology, alleging the rule violates the First Amendment and interferes with their communication of vital health information.
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November 02, 2023
25 AGs Want Warning Labels On Oxygen-Reading Devices
Twenty-five attorneys general want the U.S. Food and Drug Administration to issue labels on blood-oxygen-level readers warning of their "life-threatening" inaccuracies for people of color due to bias in their readings.
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November 02, 2023
Sens. Launch Working Group On Health Care Cybersecurity
Amid an increase in cyberattacks targeting health records, a bipartisan group of senators announced Thursday the launch of a new working group to strengthen cybersecurity in the health care and public health sectors.
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October 31, 2023
Conn. AG Presses 23andMe Over User Data Breach
Connecticut's attorney general is pressing genetic tracking company 23andMe Inc. for information on a data breach involving user information, questioning whether the company complied with state laws governing data breaches and personal data.
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October 31, 2023
HHS Proposes Monetary Sanctions For Information Blocking
Health care providers would face monetary disincentives for engaging in information blocking under a proposed rule by the U.S. Department of Health and Human Services.
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October 30, 2023
Health Systems Say Meta Data-Sharing Suit Lacks Substance
A group of medical systems asked a California federal judge Friday to toss a proposed class action alleging they "disregarded the privacy rights" of millions of visitors to their websites by sharing user data with Meta without users' knowledge through third-party tracking technologies.
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October 27, 2023
Rush University Hospital Sued Over Worker Fingerprint Scans
A respiratory therapist has hit his former employer, a Chicago hospital, with a proposed class action in Illinois state court alleging a violation of the state's Biometric Information Privacy Act over its use of fingerprint scanning to access medicine and supply dispensing machines.
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October 27, 2023
Costco Gave Meta Customers' Medical Info, Class Action Says
Costco disclosed customers' personal health information to third parties, such as Meta, through the use of tracking tools on its website, a proposed class action has alleged in Washington federal court.
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October 26, 2023
Sofinnova Partners Closes $200M Digital Medicine Fund
European life sciences investment firm Sofinnova Partners said Thursday that it has closed its first digital medicine fund, raising $200 million.
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October 25, 2023
Oregon Insurer, Others Hit With Suit Over Russian Hack
An Oregon Medicaid customer has launched a proposed class action in federal court against a coordinated care organization and its vendor, as well as a Massachusetts-based software company, alleging the companies failed to take steps to keep her data safe from Russian hackers.
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October 25, 2023
FDA Plans Tighter Scrutiny Of Off-Label Data Sent To Doctors
The U.S. Food and Drug Administration is preparing more stringent guidelines on how pharmaceutical companies and similar firms should communicate with doctors about research into the off-label use of medical devices and drugs.
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October 24, 2023
Colo. Medicaid Agency, IBM Hit With Data Breach Class Action
A Colorado man has filed a proposed class action in state court against the Colorado Department of Health Care Policy and Financing and IBM over a software vulnerability that allegedly allowed a hacker to obtain the personal information of more than 4 million people.
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October 24, 2023
Med-Tech Co. UpHealth And 6 Units Get OK For Joint Ch. 11
Digital health care company UpHealth Holdings Inc. can include six affiliates offering psychiatric treatment and other services in its bankruptcy case, a Delaware bankruptcy judge said Tuesday, more than a month after the debtor hit Chapter 11 citing the fallout of a failed legal battle with former financial adviser Needham & Co. LLC.
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October 24, 2023
Consumer Says Contractor's Software Allowed Data Hack
A Texas woman has accused a federal contractor that helps process online Medicaid information of not doing enough to prevent a data breach that leaked patients' personal information, claiming Russian hackers exploited software vulnerabilities the contractor should have foreseen.
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October 20, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen credit score agency Equifax hit with a class action suit over a data breach compromising 14 million consumers’ data, scuppered law firm High Street Solicitors accused by a fund management company of breaching its contract, and Lenovo bring its 5G patent dispute with Ericsson to the High Court. Here, Law360 looks at these and other new claims in the U.K.
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October 18, 2023
33 AGs Ink $1.4M Deal With Clearinghouse Over Data Breach
Health care clearinghouse Inmediata has agreed to pay $1.4 million to 32 states and Puerto Rico to resolve claims that it failed to adequately safeguard the sensitive health information of approximately 1.5 million consumers that was left publicly exposed online for almost three years, several state attorneys general announced Tuesday.
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October 18, 2023
MVP: Sheppard Mullin's Eric Klein
Eric Klein of Sheppard Mullin Richter & Hampton LLP represented VillageMD through its $8.9 billion acquisition of Summit Health-CityMD, the largest health care services transaction of 2022, earning him a spot as one of Law360's 2023 Health Care MVPs.
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October 16, 2023
Smart Medical Device Maker Inks $60M SPAC Merger
Smart medical device developer Docter is planning on going public through a merger with Aimfinity Investment Corp. in a deal led by two law firms and worth a targeted $60 million, according to a statement from Aimfinity on Monday.
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October 13, 2023
Calif. Raises Data Broker Regulation Bar With Deletion Law
California is putting data brokers under the microscope with a groundbreaking law that imposes significant new data deletion and disclosure obligations, creating heightened liability risks and once again establishing a privacy standard that other states are likely to follow.
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October 13, 2023
Patients, Health Co. Settle Data Breach Suit For $2.9M
A class of people caught up in a 2022 data breach asked a Michigan federal judge on Friday to preliminarily approve a $2.9 million deal with a maker of prosthetics and orthotics to settle claims that the company didn't adequately protect their sensitive information from a cyberattack.
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October 11, 2023
FDA Launches New Digital Health Advisory Committee
The U.S. Food and Drug Administration said Wednesday it's creating a new committee to advise on the use of digital technologies like artificial intelligence and remote monitoring in health and medicine, signaling the growing importance of digital health for business and regulators.
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October 10, 2023
23andMe Didn't Protect Sensitive Info From Hacker, Users Say
Biotechnology company 23andMe didn't have in place adequate safeguards to protect the genetic ancestry data and other sensitive information of thousands of customers from a data breach the company announced last week, according to a proposed class action filed Monday in California federal court.
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October 10, 2023
Network Says Patients, Employees Not Injured By Data Breach
A network of dental practices on Monday urged a Michigan federal judge to toss a suit alleging it didn't keep patients' and employees' personal information safe from a cyberattack, saying the proposed class has not shown they have suffered a real-world injury from the data breach.
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October 10, 2023
Cooley Adds Foley & Lardner Life Sciences Atty In San Diego
Cooley LLP has hired a longtime Foley & Lardner LLP life sciences partner, who will join the firm's health care transaction group in its San Diego office, the firm announced Monday.
Expert Analysis
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How 2020 Changed Product Liability — And What's Next
Like many other legal sectors, product liability regulation and litigation felt the sharp impact of COVID-19 in 2020, especially in health care and life sciences — and 2021 may hold more pandemic-related changes, as well as a new regulatory approach from the Biden administration, say attorneys at MoFo.
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Gov't Pandemic Response Will Boost Life Sciences In 2021
The U.S. government's response to the COVID-19 pandemic has shown increasing openness to collaborating with life sciences and health companies, leading to advancements in telemedicine and the use of virtual environments that will likely continue through 2021 and beyond, say attorneys at Hogan Lovells.
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FCA Whistleblowers Are More Important Than Ever Before
Though a recent Law360 guest article argued that the new U.S. Department of Health and Human Services' False Claims Act working group is correctly deemphasizing the role of whistleblowers, the group does not actually favor defense counsel and whistleblowers are crucial now due to the surge in emergency funding caused by the pandemic, says attorney Neil Getnick.
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2020 ERISA Litigation Trends Hint At What's Ahead This Year
Trends from a record-setting year for Employee Retirement Income Security Act litigation show no signs of slowing down in 2021, with more excessive fee claims targeting smaller plans, health coverage continuation notice lawsuits, and challenges to defined benefit plans’ actuarial assumptions likely on the horizon, say attorneys at Groom Law.
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2 Major Digital Health Trends Driven By COVID-19
The COVID-19 pandemic and resulting regulatory flexibility have enabled rapid development of information technology and big data in the digital health space that may continue to accelerate in the years ahead, say attorneys at Ropes & Gray.
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How New Kickback Rules Benefit Health Care Industry: Part 2
While the U.S. Department of Health and Human Services' changes to the Anti-Kickback Statute and Stark Law related to value-based health care delivery and payment garnered the most attention from the health care industry, the new rules include a number of other industry-friendly changes, say Karen Lovitch and Rachel Yount at Mintz.
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How COVID-19 Accelerated Telehealth In 2020
Telehealth experienced unprecedented expansion due to COVID-19 in 2020, and its technological, legal and logistical trajectory is poised to continue beyond the pandemic, say attorneys at Marshall Dennehey.
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How New Kickback Rules Benefit Health Care Industry: Part 1
Recently finalized U.S. Department of Health and Human Services rules, implementing changes to the Anti-Kickback Statute and Stark Law, advance the health care industry's transition to value-based care by removing obstacles to innovative cost-sharing arrangements, say Karen Lovitch and Rachel Yount at Mintz.
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COVID-19 Vaccines Unlikely To Create Litigation Opportunities
Although COVID-19 vaccines are on the horizon, litigation opportunities may be limited due to the Public Readiness and Emergency Preparedness Act's significant liability protections for not only vaccine manufacturers, but also virtually all entities in the supply chain, say Eric Kraus and Jennifer Shah at Phillips Lytle.
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Overcoming Immunity Of Foreign Gov't Cyberattack Sponsors
To combat the emerging threat of foreign state-sponsored cyberattacks on U.S. businesses and citizens, litigants need to creatively argue for exceptions to immunity under the Foreign Sovereign Immunities Act for foreign governments, say Jerry Goldman and Bruce Strong at Anderson Kill.
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The State Of Consumer Class Actions Amid COVID-19
While the pandemic has slowed the filing of consumer class actions, they remain a significant part of the litigation landscape — with false labeling claims remaining particularly popular, likely because they are easy to file and frequently survive motions to dismiss, say attorneys at Skadden.
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Anticipating The Biden Administration's Health Care Agenda
The Biden administration is unlikely to successfully push sweeping and partisan health care legislation in the next two years, but it will be able to reverse a litany of Trump administration policies pertaining to the Affordable Care Act, reproductive health care and more, say Nick Manetto and Ilisa Halpern Paul at Faegre Drinker.
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What Biden Presidency May Mean For Data Privacy Litigation
The administration of President-elect Joe Biden will likely bring major changes to data privacy law and attendant litigation, including federal legislation that could preempt state laws, renegotiation of conditions for EU data transfers to the U.S., and increased Federal Trade Commission enforcement activity, say attorneys at Squire Patton.