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Health
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September 19, 2024
Texas Med Mal Law Axes Crash Suit Against Ambulance Driver
A Texas appeals court on Thursday narrowly tossed a suit accusing an ambulance driver of causing a motorist's crash injuries after running a red light, saying the suit can be considered a medical malpractice case, which requires a medical expert's report.
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September 19, 2024
Ill. Justices Affirm $2.1M Verdict In Blood Clot Death Suit
The Illinois Supreme Court on Thursday declined to overturn a jury's $2.1 million verdict in a medical malpractice suit accusing a doctor of causing a patient's death, saying the widower's award for "material services" was recoverable even though he remarried about a year after his wife's death.
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September 19, 2024
Ga. Appeals Court Says Hospital Must Get Certificate Of Need
The Georgia Court of Appeals for the second time has said that a Georgia hospital must obtain a new certificate of need from the state to convert its long-term care beds to short-stay acute care beds, following guidance issued by the state's justices earlier this year.
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September 19, 2024
6th Circ. Upholds NLRB's Severance Order Against Hospital
The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision that found a Michigan hospital violated federal labor law through its offer of severance agreements, but didn't weigh in on whether the board's precedent shift on pacts that include nondisparagement clauses should stand.
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September 19, 2024
Another Ill. Jury Deadlocks Over Zantac Cancer Claims
There was another mistrial declared on Wednesday in a lawsuit over claims that pharmaceutical company Boehringer Ingelheim's over-the-counter-drug for heartburn, Zantac, caused a man's cancer in a case brought by the Illinois man.
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September 19, 2024
Convicted Drexel Professor Won't Get New Tax Evasion Trial
A Drexel University accounting professor was denied a new trial after being convicted on tax evasion charges for failing to report $3.3 million in income from a Trenton pharmacy, a New Jersey federal judge has ruled, reasoning that the professor's case was not prejudiced by keeping accounting records related to his tax returns from the jury.
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September 19, 2024
Senate Panel Holds Steward CEO In Contempt After No-Show
A U.S. Senate committee voted unanimously Thursday to hold Steward Health Care CEO Ralph de la Torre in civil and criminal contempt after he defied a subpoena to testify about the bankrupt health system's downfall.
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September 19, 2024
Outcome Exec Who Flipped Gets 7 Months For $1B Fraud Role
A former Outcome Health sales chief who was charged with helping to carry out a $1 billion fraud, but cooperated early and testified against his co-defendants, received seven months in prison Thursday for his role in the scheme.
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September 19, 2024
BakerHostetler Adds Ex-Baker Botts Accident Response Duo
Months after hiring former Baker Botts attorney Greg Dillard to lead its catastrophic accident response team, BakerHostetler has announced the hire of two more attorneys from the firm as counsel in Washington, D.C., and Houston.
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September 19, 2024
Calif. Panel Rejects Malpractice Claim In Ambulance Crash Suit
A California appeals panel won't revive a woman's legal malpractice suit against her former attorney stemming from an ambulance crash suit that was filed too late, finding she also filed the malpractice suit outside the one-year statute of limitations.
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September 19, 2024
Filing After Bar Lapse Was Honest Mistake, Prosecutor Says
A Texas surgeon facing criminal charges for giving patient data to a media outlet regarding gender-affirming care provided to minors accused the government's lead prosecutor of taking the case while she had a suspended law license, a blunder the attorney called an unintentional error on Thursday.
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September 18, 2024
CVS Unit Pays $60M Over Alleged Insurance Kickback Scheme
CVS Health subsidiary Oak Street will pay $60 million to settle allegations it violated the False Claims Act by paying illegal kickbacks to third-party insurers in return for scouting and inducing Medicare and Medicaid beneficiaries to enroll in its primary care clinics, the U.S. Department of Justice announced Wednesday.
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September 18, 2024
7th Circ. Questions Nixing $183M Eli Lilly Drug Rebate Verdict
A Seventh Circuit judge seemed unsure Wednesday whether to disturb a $183 million verdict against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, questioning whether the company skipped checking legal guidance before calling its price reporting requirements unclear.
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September 18, 2024
Fla. Jury Awards $5M To Teacher Injured In Car Crash
A Florida state court jury has awarded more than $5 million to a teacher involved in a 2022 vehicle collision, resulting in serious injuries to her back and neck following a trial in Jacksonville.
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September 18, 2024
Rescheduling Pot Would Not Hasten Research, Report Says
A recently enacted law will continue to make it difficult for medical researchers to conduct studies on marijuana, even if federal restrictions are loosened on the drug, according to a new report published Monday by the Congressional Research Service.
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September 18, 2024
Health AI Co. Says Texas AG 'Misrepresents' Compliance Deal
The Texas attorney general's Wednesday announcement of a compliance agreement with a healthcare-focused artificial intelligence company has sparked backlash from the company, which accused the state prosecutor of "dangerously" misrepresenting their agreement.
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September 18, 2024
Ex-Amgen Rep Wasn't Original Whistleblower, Judge Says
A Brooklyn federal judge tossed a former Amgen sales representative's whistleblower suit on Wednesday, saying many elements of his allegations of a kickback scheme had been disclosed in news reports and civil lawsuits prior to his filing.
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September 18, 2024
Harvard Rips Morgue Theft Appeal's Immunity Claim
Harvard University told Massachusetts' intermediate-level appeals court that litigation over the alleged theft and sale of cadaver body parts from its medical school's morgue relies on a "crabbed" reading of an immunity law related to anatomical gifts.
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September 18, 2024
Mass. Appeals Court Backs Pot Shop's Arbitration Agreement
A Massachusetts medical marijuana dispensary can enforce an arbitration clause in its employment agreement even when it did not specify the rights a worker was waiving, an intermediate state appellate court has said.
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September 18, 2024
No Excess Coverage For Atos' Trade Secrets Suit, Judge Says
A Liberty Mutual unit doesn't owe coverage to a subsidiary of French information technology giant Atos for an underlying trade secrets suit, a New York federal court ruled, saying the company failed to provide timely notice of the claim as required by its $10 million errors and omissions policy.
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September 18, 2024
GSK Inks 2 Calif. Zantac Deals
GlaxoSmithKline LLC on Wednesday said that it had reached two settlements in California state court over allegations that its heartburn drug Zantac had caused cancer, although the company did not disclose the deal amounts.
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September 18, 2024
Cardinal Health's GC Earns Nearly $4.7M For FY '24
Cardinal Health Inc.'s chief legal and compliance officer earned nearly $4.7 million in total compensation for fiscal year 2024, up from about $4.6 million the year prior, according to a public filing.
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September 18, 2024
Organon To Buy Psoriasis Treatment Biz For Up To $1.2B
Women's healthcare-focused company Organon, advised by Covington & Burling LLP, on Wednesday announced it will purchase Freshfields Bruckhaus Deringer LLP-led Dermavant, a subsidiary of Roivant that develops and commercializes therapies in immuno-dermatology.
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September 17, 2024
Walmart Workers Sue Over Health Plan Tobacco Surcharges
Retail giant Walmart Inc. is violating federal benefits law by making workers who use tobacco pay more for health insurance, according to a proposed class action filed in Wisconsin federal court.
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September 17, 2024
North Carolina Panel Orders Redo In Hospital Beds Battle
A Tar Heel State administrative court erred when it used the state health department's failure to hold a public hearing as a basis to yank the department's approval of the University of North Carolina's application to enhance its hospital's services, an appeals court ruled Tuesday, in a setback for Duke University's healthcare unit.
Expert Analysis
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Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.
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Bid Protest Spotlight: Standing, Prejudice, Conflicts
In this month's bid protest roundup, Caitlin Crujido at MoFo examines three recent decisions from the U.S. Government Accountability Office concerning whether a would-be protestor was an interested party with standing, whether an agency adequately investigated potential procurement violations and whether a proposed firewall sufficiently addressed an impaired objectivity organizational conflict of interest.
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Opinion
The FTC Needs To Challenge The Novo-Catalent Deal
Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny
Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Analyzing FDA Draft Guidance On Clinical Trial Diversity
In light of the U.S. Food and Drug Administration's draft guidance on clinical trial diversity action plans, there are several important considerations for sponsors and clinical researchers to keep in mind to prevent delay in a drug or device application, say attorneys at Crowell & Moring.
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What's New In The AI Healthcare Regulatory Space
Attorneys at Hogan Lovells review the current legal and regulatory landscape for artificial intelligence applications in healthcare, touching on policies around safety, transparency, nondiscrimination and reimbursement, and what to expect in the future.
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The Good, The Bad And The Ugly Of Healthcare's PE Boom
While an influx of capital may provide access to new resources and innovative technologies, the private equity model's method of funding may be fundamentally at odds with patient-first healthcare, and in recent years that inherent tension has gotten ugly, say Eva Gunasekera and Jaclyn Tayabji at Tycko & Zavareei.
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3 Policyholder Tips After Calif. Ruling Denying D&O Coverage
A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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How Tech Trackers May Implicate HIPAA After Hospital Ruling
A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.