More Healthcare Coverage

  • March 27, 2024

    Cleveland Clinic Recruits Texas Health System Atty As CLO

    An experienced healthcare in-house attorney is leaving her post at Texas' Memorial Hermann Health System to join Cleveland Clinic as its top attorney, the Ohio-based healthcare organization announced Wednesday.

  • March 26, 2024

    Pharmacy Owner Gets 42 Months For $25M Kickback Scam

    A medical equipment pharmacy owner was sentenced to 42 months in prison Tuesday for carrying out a $25 million kickback scheme with a patient-leads broker as part of a scheme to falsely bill the federal government for care.

  • March 26, 2024

    Conn. Fertility Doctor Says Law Doesn't Support Distress Claim

    A retired fertility doctor facing a lawsuit for allegedly impregnating a patient with his own sperm wants a Connecticut state court judge to dismiss a claim for negligent infliction of emotional distress, arguing that the accusation amounts to medical malpractice and the plaintiff failed to clear a mandatory procedural hurdle.

  • March 26, 2024

    3rd Circ. Says EMS Transport Without Consent Is Med Mal

    A patient who was transported to a Pennsylvania hospital against his will was effectively making a medical malpractice claim against the emergency medical services technicians and needed to file a "certificate of merit" to back up such a claim, a split Third Circuit panel ruled Tuesday.

  • March 26, 2024

    Nashville Settles Trooper's HIV Bias Suit Over Pulled Job Offer

    Nashville will pay $145,000 to settle a state trooper's disability bias suit alleging the city's police department illegally yanked back a job offer after it found out he was HIV positive, according to an agreement resolving the Tennessee federal court case.

  • March 25, 2024

    COVID 'Cure' Claims Can't Sustain Fraud Suit, 9th Circ. Rules

    A biopharmaceutical company's "enthusiastic" statements to Fox News and others about a potential COVID-19 cure do not amount to fraud and cannot sustain a shareholder lawsuit accusing the company and its top executives of deceiving the market by pretending that a breakthrough was much more consequential than it actually was, the Ninth Circuit ruled on Monday.

  • March 25, 2024

    Fla. Pharmacy Says It Was Cut From Federal PrEP Program

    A Florida pharmacy says it was abruptly shut out of a federal program that provides free access to preexposure prophylaxis HIV-prevention medication, asking a D.C. federal judge on Monday to force the U.S. Department of Health and Human Services and two contractors to reinstate the pharmacy to the program.

  • March 25, 2024

    3rd Circ. Won't Rethink AbbVie Privilege Ruling

    The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.

  • March 22, 2024

    Robitussin Buyers' Lack Of Receipts Dooms Labeling Cert.

    A New York federal judge on Thursday denied class certification in litigation claiming GlaxoSmithKline lied about the "Maximum Strength" label on certain Robitussin cough syrup products, saying although the plaintiffs' lack of receipts does not warrant GSK's bid for summary judgment, it's enough to dismiss the customers' request for certification.

  • March 22, 2024

    Watchdog Calls To Redo $896M Migrant Transport Deal

    The U.S. General Services Administration must redo an $896 million contract to transport unaccompanied migrant children, after a federal watchdog determined that the deal was awarded to a company whose proposed contract lead may be unqualified to oversee the contract.

  • March 22, 2024

    Md. University Says Psilocybin Trade Theft Suit Belongs In US

    A London-based biochemical company cannot be allowed to escape across the pond with trade secrets related to using psilocybin as a mental health treatment, the University of Maryland, Baltimore, told a federal court, saying the company's minimum contacts with the state was its "months-long fraudulent scheme" to swipe intellectual property.

  • March 22, 2024

    Patient Asks NC Justices To Skip Immunity Review Of Virus Law

    A patient who claims she nearly died from a botched hysterectomy urged the North Carolina Supreme Court to ignore a hospital's bid to expand the immunity healthcare providers can receive under the state's COVID-19 emergency law, arguing the medical providers conflate common law and statutory immunity.

  • March 22, 2024

    Kaiser's Ozempic Coverage Denial Is Discriminatory, Suit Says

    Two Kaiser plans' refusal to cover new prescription weight loss drugs like Ozempic and Wegovy is "without any medical or scientific basis," a Washington state resident told a state court, alleging disability discrimination.

  • March 22, 2024

    Detroit Hospital, Deaf Patient Can't Avoid Trial In Disability Suit

    Detroit's Henry Ford Health System may face a jury trial in a deaf patient's lawsuit claiming she was denied an American Sign Language interpreter, with a Michigan federal judge refusing to grant summary judgment to either the hospital or the patient.

  • March 22, 2024

    6th Circ. Says Fired Doctor Got Enough Due Process

    The Sixth Circuit backed two Ohio healthcare companies and Wright State University's early wins against a former resident doctor's claims that she was improperly fired for unprofessional conduct, stating that all the parties involved engaged in "more than enough due process" before terminating her.

  • March 21, 2024

    MDL Claims Over Merck's Gardasil Vax Get Trimmed

    Pharmaceutical giant Merck need not face many of the claims by patients who allege their autoimmune conditions were caused by its HPV vaccine, a North Carolina federal judge overseeing multidistrict litigation ruled, saying the National Childhood Vaccine Injury Act bars most claims made in the first two bellwethers.

  • March 21, 2024

    VA May Have Acted In Bad Faith On $30M Debt Collection Deal

    The U.S. Civilian Board of Contract Appeals refused to toss a $29.6 million appeal accusing the U.S. Department of Veterans Affairs of hampering a contractor's efforts to collect funds from outside insurers, saying the VA may have acted in bad faith.

  • March 20, 2024

    PTAB To Analyze Moderna COVID Vaccine Patents

    The Patent Trial and Appeal Board has agreed to review two Moderna COVID-19 vaccine patents challenged by rivals Pfizer and BioNTech as having "unimaginably broad claims directed to a basic idea that was known long before."

  • March 20, 2024

    Defunct Philly Hospital Inks $32M End To Birth Injury Suit

    A defunct Philadelphia hospital has agreed to pay $32 million to resolve allegations that a delayed cesarean section caused a baby to suffer severe brain damage, Kline & Specter announced Wednesday.

  • March 19, 2024

    Healthcare Provider Says Optum Can't Duck Suit Or Arbitrate

    An East San Gabriel Valley nonprofit healthcare system has urged a California federal judge not to toss, or force into arbitration, its antitrust suit accusing Optum Health of lying to patients as part of broader efforts to force the system out of the local primary care physicians market.

  • March 19, 2024

    Nurses Snag Collective Cert. In OT Suit Against Insurance Co.

    A Maryland federal judge signed off on a collective of nurses in an overtime suit, turning down a health insurance company's request to use a stricter, one-step method to grant collectives under the Fair Labor Standards Act.

  • March 19, 2024

    Fla. Judge Inclined To Grant CNN's Costs In Defamation Suit

    A Florida judge said Tuesday he might trim parts of CNN's $320,000 request for attorney fees and costs incurred defending a defamation suit brought by a West Palm Beach pediatric heart surgeon but declined the doctor's request for a wholesale reduction. 

  • March 18, 2024

    Fla. Doc's Patient Info Subpoena Seeks Too Much, Court Says

    A Florida state trial judge shouldn't have approved subpoenas seeking a decade's worth of medical records from a patient who filed a malpractice suit against a doctor and hospital system, an appeals court has ruled, saying the defendants were allowed to cast "too wide a net."

  • March 18, 2024

    The Biggest Trade Secrets Awards In The Last 5 Years

    Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.

  • March 15, 2024

    Ohio Obstetrician Keeps Trial Win In Suit Over Baby's Death

    An Ohio state appeals court has refused to overturn a trial win for an obstetrician accused of medical malpractice in the delivery of an infant who died shortly after birth, finding that the parents aren't allowed to question the doctor about whether his hospital privileges were pulled following the death.

Expert Analysis

  • A 'Deliberate Indifference' Circ. Split For Prison Medical Cases

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    Allison Becker and Kendra Stark at Gordon & Rees examine the circuit split over how a patient's incarceration status affects the applicable standard for “deliberate indifference” in correctional medical lawsuits, noting an uptick in cases related to outbreaks and staffing shortages at correctional facilities during the pandemic.

  • Prepping For OSHA Standard On Violence Risk In Health Care

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    Though the Occupational Safety and Health Administration has yet to create a new standard to address violence against health care workers, employers can prepare for coming federal regulatory changes by studying existing state rules and past OSHA citations, then taking steps to improve their safety programs, say attorneys at Ogletree.

  • Sales Reps In The Operating Room: How To Manage The Risks

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    While having a medical device sales representative providing advice during a surgery can be helpful, especially as medical technology continues to advance, their presence can also create exposure to tort claims and litigation alleging unauthorized practice of medicine, say attorneys at Sidley.

  • DC Circ. Ruling Puts Issue Class Cert. Under Microscope

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    The D.C. Circuit's recent Harris v. Medical Transportation Management decision, which pushed back against lax application of Rule 23(c)(4) to certify issue classes as an end-run around the predominance requirement, provides potentially persuasive fodder for seeking to limit the scope of issue classes in other circuits, say attorneys at Skadden.

  • Can Class Actions Guide AI Risk Mitigation Efforts?

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    The speed at which artificial intelligence is developing will likely outpace the legislative response, and two recently filed class actions naming OpenAI as a defendant raise the question of whether existing laws may be used to place some meaningful guardrails on the development of AI, says Thomas Carey at Sunstein.

  • Standing Issues Prevail In Wake Of Calif. Competition Ruling

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    Courts and litigants may grapple with uncertainty in the wake of the California Supreme Court's recent California Medical Association v. Aetna Health decision broadening standing to sue under the state's unfair competition law, and additional litigation will likely be required to develop its contours, say attorneys at Skadden.

  • EU's AI Act Is A Glimpse Into Future Compliance Landscape

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    As the EU's groundbreaking Artificial Intelligence Act moves to the final stage of adoption, its proposed language provides valuable insight into the substantial compliance hurdles that companies across all jurisdictions will face in using generative AI, so U.S. organizations should consider what they can be doing now, say Vivien Peaden and Alexander Koskey at Baker Donelson.

  • What Justices' Pork Ruling Means For Interstate Cannabis

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    The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • Complex Hemp Processes Need Nimble Regulatory Approach

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    Since the 2018 Farm Bill legalized hemp and certain hemp-derived products, THC limits have presented different issues at each stage of the complex production process, revealing the need for continued adjustments and flexible regulations as Congress deliberates the 2023 Farm Bill, says David Kouba at Arnold & Porter.

  • 4 New State Geofencing Bans And How They Differ

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    Washington, New York, Connecticut and Nevada have now enacted laws prohibiting geofencing around locations that provide certain health care services, but these new laws vary widely, with Washington taking the broadest and most restrictive approach, say Andreas Kaltsounis and Nichole Sterling at BakerHostetler.

  • Noncompetes Hold Atty Privilege Pitfalls For Health Industry

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    Providers negotiating with medical professionals bound by enforceable restrictive covenants must tread carefully due to not only risk of breaching physicians' covenants but also risk of wrongful conduct that pierces attorney-client privilege, says Scott O'Connell at Holland & Knight.

  • What Came Of Texas Legislature's Long-Promised Tax Relief

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    Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.

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