More Healthcare Coverage

  • March 08, 2024

    Pa. Court Grants Seizure Of Nursing Homes In 'Dire' Condition

    A Pennsylvania federal court has granted an emergency request for a receiver to take control of six nursing homes in the state that Revere Tactical Opportunities REIT LLC claims were left in a "dire financial condition" by the properties' owners, who had also allegedly defaulted on a $30 million loan.

  • March 07, 2024

    Petition Watch: Student Athletes, Oil Spills & Preemption

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.

  • March 07, 2024

    Care Worker's Federal OT Claim Doomed By Late Filing

    A residential care facility worker was too late in filing a federal claim that he was not properly paid overtime wages, a New York federal judge ruled, tossing that allegation from the worker's suit while sending his state law wage claim to state court.

  • March 07, 2024

    Claims Court Backs VA Redo Of Eyewear Deal Over Errors

    A Court of Federal Claims judge tossed an eyewear manufacturer's bid to be reinstated to a U.S. Department of Veterans Affairs optometry deal, saying the VA was allowed to cancel the award in light of calculation errors the agency made.

  • March 07, 2024

    Netflix, Privacy Plaintiffs Scolded For 'Entirely Deficient' Filing

    An Indiana federal judge has scolded Netflix Inc. and three women for filing an "entirely deficient" summary judgment hearing agenda in a suit accusing the streaming giant of revealing the women's identities in a documentary about a fertility doctor who used his own sperm to impregnate his patients.

  • March 06, 2024

    5th Circ. Weighs 'Very Complex' Chemo Hair Loss Dispute

    The Fifth Circuit is weighing whether two drug manufacturers had an obligation to expedite changing the label on their chemotherapy medications to warn of permanent hair loss in a case one justice describes as "a very complex situation" that will have far-reaching consequences for drugmakers and patients.

  • March 05, 2024

    4th Circ. Affirms Med Mal Trial Win For Md. Patient

    A clinic and gynecologist can't evade a $1 million judgment over claims they botched a surgery, causing a patient's infection and ultimately the removal of part of her large intestine, a Fourth Circuit panel ruled, saying there was sufficient evidence for a jury to find them liable.

  • March 05, 2024

    Pharmacist Takes Deal In Mich. Over Fatal Meningitis Outbreak

    The founder of a Massachusetts drug compounding center that was the source of a deadly meningitis outbreak has pled no contest to 11 counts of manslaughter brought by Michigan state prosecutors, the latter state's Department of Attorney General announced Tuesday.

  • March 05, 2024

    Magnolia Medical Again Sues Kurin Over Sepsis IP

    Magnolia Medical has accused Kurin of continuing to infringe patents covering its diagnostic tests for sepsis and other bloodstream infections after Kurin lost a jury trial in 2022 over a different patent, claiming its rival has a "predatory business model."

  • March 05, 2024

    Conn. Healthcare Trade Group Drops Staffing Rule Challenge

    A healthcare trade group has dropped its suit seeking to stop Connecticut health officials from implementing new nursing home staff allocation controls in the wake of a new law increasing per-patient staffing hours.

  • March 05, 2024

    Avadel Told To Pay Jazz Pharma $234K Over Narcolepsy Drug IP

    A Delaware federal jury found Monday that a specialty drugmaker owes nearly $234,000 to drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind its newer narcolepsy drug, launched last year to sales of over $28 million.

  • March 05, 2024

    FDA Rejection Of Fosamax's Label Fix Not Final, 3rd Circ. Told

    Counsel for patients suing Merck over its osteoporosis drug Fosamax's alleged risk of causing painful bone fractures told a Third Circuit panel Tuesday that a Food and Drug Administration letter denying changes to the drug's label does not count as a final agency action triggering federal preemption of state law failure to warn claims.

  • March 05, 2024

    NJ Atty Aims To Duck Claims He Botched Suit Amid Pandemic

    A New Jersey attorney has asked a state court to dismiss a former client's legal malpractice claims against him arising out of the confusion of the onset of the COVID-19 pandemic, arguing that the allegations show "duplicity" in repudiating an underlying medical malpractice settlement he negotiated for her.

  • March 05, 2024

    Ex-Walgreens CLO Joins UnitedHealth In Advisory Role

    Walgreens' former top legal leader in the U.S. and a one-time O'Melveny & Myers LLP healthcare partner has announced on her LinkedIn profile that she has joined UnitedHealth Group Inc. as an "executive in residence" to help advise its management team.

  • March 04, 2024

    DLA Piper Snags Temporary Block Of Docs Order In Sale Spat

    A Texas appellate court has agreed to block a trial court's order that would have forced DLA Piper to hand over communications with a medical group it represented in a sale, tentatively finding the firm will either prevail in its challenge or that a "serious question" requires further consideration.

  • March 04, 2024

    Tobacco Cos. Urge DC Circ. To Ax Broad Health Warning Order

    Tobacco giants R.J. Reynolds and ITG Brands have backed a bid to overturn a D.C. district court order classifying Philip Morris USA's electronic tobacco devices, called HeatSticks, as "cigarettes," thereby subjecting them to the same marketing requirements that warn consumers of the negative health effects of smoking.

  • March 04, 2024

    Elanco Urges Justices To Preserve Junk Fax Win

    Pet medicine company Elanco Animal Health Inc. has told the U.S. Supreme Court that its faxed invitations to a veterinarian seminar don't count under the Telephone Consumer Protection Act's prohibition on unsolicited fax advertisements, as the Seventh Circuit ruled in July.

  • March 04, 2024

    Insurer Wants Trade Secret Suit Dropped Sans Atty Fee Award

    A dental health insurer asked a Washington federal judge on Monday to toss its trade secret claims against an ex-executive without leeway for her to request legal fees, arguing that she can't be considered a winning party because she handed over a company laptop after being hit with the suit.

  • March 01, 2024

    Adamas' Ex-COO Agrees To $4.6M Deal In Investor Suit

    Adamas Pharmaceutical Inc. investors asked a California federal judge on Friday to approve a $4.65 million settlement with the company's former chief operating officer to resolve proposed class claims the company misled consumers about the success of its treatment for Parkinson's disease.

  • March 01, 2024

    Aetna Can't Escape Fertility Bias Suit From Same-Sex Couple

    A California federal judge has declined to toss a woman's case challenging Aetna's fertility treatment coverage as discriminatory, finding at this stage, she has sufficiently argued that the policy discriminates against LGBTQ couples in violation of the Affordable Care Act.

  • March 01, 2024

    Pa. Supreme Court Snapshot: Judge's Side Gig Vexes Tax Row

    In its first argument session of 2024, the Supreme Court of Pennsylvania will once again have seven justices on the bench to hear cases concerning issues like a judge taking a second job, following last year's elevation of Superior Court Judge Daniel D. McCaffery to fill the vacancy left by the death of former Chief Justice Max Baer in 2022.

  • March 01, 2024

    GSK, Shook Hardy Can Recover Costs After Zofran MDL Win

    GlaxoSmithKline and its attorneys from Shook Hardy & Bacon LLP can recover more than $450,000 in legal costs after beating a multidistrict suit claiming the company's anti-nausea drug Zofran caused birth defects, a federal judge has ruled.

  • March 01, 2024

    Auto Coverage Hinges On Victim's Domicile, Mich. Panel Says

    A dispute over personal protection insurance will return to a trial court to determine whether a crash victim was residing in Michigan or Kentucky at the time of the incident, after a Michigan state appeals court granted neither the victim's guardian nor Progressive an early win.

  • March 01, 2024

    Gilead, Cipla Ink Deal To End HIV Drug Buyers' Antitrust Suit

    Gilead Sciences Inc. and generics maker Cipla told a California federal judge Friday they've reached a settlement ending a proposed class action filed by a public employees' health insurance fund over an alleged anti-competitive patent deal to delay the launch of a generic version of the HIV drug Truvada.

  • March 01, 2024

    UW Settles Missing Tumor Suit After Admitting It Can't Find It

    The University of Washington has settled a medical malpractice lawsuit accusing its hospital staff of losing a tumor before testing it for cancer, after UW admitted that it had been "unable to locate the specimen" since the patient's August 2022 surgery.

Expert Analysis

  • How Telemedicine Providers Can Adapt To Post-COVID Rules

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    Telemedicine providers should pay close attention to the U.S. Drug Enforcement Administration's temporary rule extending pandemic-era flexibilities for prescribing controlled substances and utilize this brief reprieve to prepare for significant changes in the final permanent rules to come, say Chris Eades and Mayo Alao at Hall Render.

  • A Watershed Moment For Microbiome-Based Therapy

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    While there has been limited microbiome patent enforcement so far, the regulatory approvals of three microbiome-related products and the case of Ferring v. Finch indicate that microbiome patent litigation could take off, and may spur greater investment in this space, say Mark FitzGerald and Alissa Young at Nixon Peabody.

  • Legal Pitfalls To Watch For When Advertising Psychedelics

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    As psychedelic products and related therapeutic services make their way into the mainstream, companies engaged in creating or publishing ads for such products and services should consider several legal implications on federal, state and local levels, says Dorian Thomas at Frankfurt Kurnit.

  • ERISA Ruling Shows Why Insurers Must Justify Claim Denials

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    The Tenth Circuit's recent decision in D.K. v. United Behavioral Health imposed a long-overdue measure of accountability on health insurers by holding that Employee Retirement Income Security Act compliance requires responding to the medical opinions of the beneficiary's treating doctors before denying claims, says Mark DeBofsky at DeBofsky Law.

  • USDA Salmonella Proposal Propels New Food Safety Journey

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    The U.S. Department of Agriculture's recent proposed policy to declare salmonella an adulterant in breaded stuffed raw chicken products could have major implications not only for the specialized products at issue, but also the entire poultry industry and beyond, say Bob Hibbert and Amaru Sanchez at Wiley.

  • What The Justices' Questions Signify For FCA Compliance

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    Whatever the outcome of two False Claims Act cases pending before the U.S. Supreme Court, the justices' questions during recent oral arguments indicate that government contractors should take certain steps to ensure their compliance programs are demonstrably active and adaptable, say Holly Butler and Rebecca Fallk at Miles & Stockbridge.

  • What Texas Misrepresentation Ruling Means For Insurers

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    The Texas Supreme Court's recent decision in American National Insurance v. Arce, confirming that insurers must prove intent to deceive in order to rescind coverage based on material misrepresentation, solidifies additional burdens for insurers to consider during both the underwriting and claims adjudication processes, say Josh Pedelty and Javon Johnson at Husch Blackwell.

  • What FTC's Data Actions Say About Tracker Enforcement

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    The Federal Trade Commission’s recent enforcement actions against GoodRx and BetterHelp for sharing sensitive user information show the agency may be setting a new standard for the collection, use and disclosure of user data, which should prompt companies to audit their use of — and policies regarding — data trackers, says Reed Freeman at ArentFox Schiff.

  • Labor Collusion Loss Will Shape DOJ's Case Strategy

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    Following the U.S. Department of Justice’s recent loss in United States v. Manahe, tallying its trial score record to 0-3 in labor-related antitrust cases over the past year, defendants can expect that the DOJ will try to exclude defense evidence and argue for more favorable jury instructions, say attorneys at Sheppard Mullin.

  • Examining Chancery's Recent Openness To Caremark Claims

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    As seen in an April decision involving Walmart's role in the national opioid epidemic, the Delaware Chancery Court has recently shown receptivity to Caremark claims at the early pleading stage of litigation, providing plaintiffs with more leverage to negotiate an early settlement and bringing risk management lessons for boards, say attorneys at Fried Frank.

  • Expect The Patchwork Of AI Regulation To Grow

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    Given the unlikelihood of meaningful federal artificial intelligence legislation in the immediate future, the patchwork of state AI regulation will likely continue to grow, bringing at least two main risks for companies in the AI space, say attorneys at Jenner & Block.

  • Job Reassignment Case Shows Need For Clear ADA Policies

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    The Fifth Circuit's recent holding in U.S. Equal Employment Opportunity Commission v. Methodist Hospitals that a disabled employee was not entitled to a job reassignment as a reasonable accommodation underscores the importance of implementing detailed Americans with Disabilities Act policies and educating employees on them, says Marcellus Chamberlain at Phelps Dunbar.

  • White Collar Defense Lessons From The Bench And Beyond

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    Former Minnesota judge and federal prosecutor Nicole Engisch, now a partner at Dorsey & Whitney, shares insights from her background that may inform attorneys’ defense-side approach in white collar cases and corporate investigations — more relevant than ever given the U.S. Department of Justice’s recent policy changes.

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