More Healthcare Coverage

  • 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.

  • February 28, 2024

    7th Circ. Revives Health System Worker's FMLA Suit For Trial

    A split Seventh Circuit panel on Wednesday revived a former OSF Healthcare System employee's suit accusing the company of wrongfully firing her after failing to adjust performance expectations while she worked reduced hours, ruling a factual dispute remains over how much leave she took, which could lead a jury to find in her favor.

  • February 28, 2024

    Ga. Panel Brings Doctor In, Publix Out In Drug Allergy Case

    The Georgia Court of Appeals on Wednesday overturned a trial court ruling releasing a doctor from the professional malpractice suit of a patient who was hospitalized for nearly two weeks following an allergic reaction to a prescription drug but remained "unpersuaded" that Publix Super Markets Inc. was liable in the case.

  • February 28, 2024

    4 Firms Plan To Co-Lead Suboxone Dental Decay MDL

    Attorneys from Peiffer Wolf Carr Kane Conway & Wise LLP and three other law firms have asked an Ohio federal judge to appoint them co-lead counsel for the new multidistrict litigation over opioid addiction treatment Suboxone allegedly causing dental decay, with 14 other firms seeking appointment to plaintiff leadership committees.

  • February 28, 2024

    Nurse Wants Staff Co. Wage Suit Paused For 11th Circ. Appeal

    A nurse asked a Georgia federal judge to stay her proposed class action alleging a staffing firm lured nurses to work in Florida using unfulfilled wage promises, pending her appeal of a ruling denying her bid for class certification.

  • February 27, 2024

    Conn. Agency Asks Judge To Rethink Tuition Refund Pause

    The Connecticut Office of Higher Education has asked a state judge to vacate a ruling that paused the agency's refund process for students affected by the abrupt shutdown of Stone Academy, arguing the judge shouldn't have exercised jurisdiction over the matter and that the ruling interferes with the agency's statutory authority to implement the program.

  • February 27, 2024

    Troubled REIT Finds Lifeline In $941M Bond Offering

    Diversified Healthcare Trust, which doubted its ability to survive mounting debt issues last year, no longer faces an existential threat due to proceeds it netted from a $941 million senior secured notes offering, an executive of the real estate investment trust said.

  • February 26, 2024

    Sales Reps Score $1.6M In Fees After Beating RICO Case

    A federal judge in Los Angeles has ordered a biotech startup to pay more than $1.6 million in legal fees to two former employees, after the company failed to convince a jury that the pair broke racketeering laws when they worked for a rival that stole proprietary information when setting up shop.

  • February 26, 2024

    Medical Device Companies Settle Ga. Wrongful Death Suit

    Two medical alert device companies have settled a Georgia man's allegations that their negligent handling of his mother's distress call led to her death, avoiding a looming trial in the case, according to a filing Monday in Peach State federal court.

  • February 26, 2024

    NJ Town Justified Hospital-Only Zone, Appeals Panel Says

    A New Jersey municipality may be able to exclude nursing homes from an area zoned for hospitals, a Garden State appeals panel ruled Monday, reasoning that a trial court order disallowing the maneuver relied on case law that's factually distinct. 

Expert Analysis

  • ALI's Medical-Monitoring Proposal May Encourage Claims

    Author Photo

    If the American Law Institute's Third Restatement of Torts is updated to embrace a minority view regarding claims for medical monitoring in the absence of present bodily harm, it would raise a number of troubling issues and accelerate the already rising rate of such claims, say attorneys at K&L Gates.

  • Preparing For FDA's Surprise Foreign Drug Inspection Regime

    Author Photo

    Foreign drug manufacturers face an increased likelihood of unannounced inspections under a recently expanded U.S. Food and Drug Administration pilot program, so they should take several steps to prepare — or face the risk of an import alert blocking their product from the U.S. market, say attorneys at Ropes & Gray.

  • SuperValu's Lesson: Always Be Building An FCA Defense

    Author Photo

    The recent U.S. v. SuperValu decision confirming that scienter is an essential element of False Claims Act liability should motivate government contractors to prepare for allegations of material misrepresentation by building a record of their honorable efforts toward regulatory compliance, say David Resnicoff and Andrew Patton at Riley Safer.

  • Next Steps For Ill. Tort Defendants After Cotton V. Coccaro

    Author Photo

    While an Illinois appeals court's ruling in Cotton v. Coccaro recently upheld the constitutionality of the state's law imposing prejudgment interest in personal injury and wrongful death actions, defendants can still raise constitutional challenges to the law pending Illinois Supreme Court review, says Melissa Murphy-Petros at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

    Author Photo

    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • What Purdue Ch. 11 Means For Future Of Third-Party Releases

    Author Photo

    The Second Circuit’s highly anticipated ruling approving Purdue Pharma’s bankruptcy plan establishes stringent factors that lower courts must consider before approving nonconsensual third-party releases, but the circuit split on the matter means the issue is far from resolved, say Gregory Hesse and Kollin Bender at Hunton.

  • Preparing For Md. Adult-Use Cannabis: Operations And More

    Author Photo

    As a new regulatory body takes the reins before Maryland’s adult-use cannabis market launches on July 1, industry stakeholders should understand key provisions related to management agreements, secured creditors and receiverships, dispensary operations, and hemp, say Seth Gitner and Jonathan Havens at Saul Ewing.

  • Takeaways From Tribes' High Court Adoption Case Victory

    Author Photo

    The U.S. Supreme Court's decision in Haaland v. Brackeen, upholding the Indian Child Welfare Act, leaves the door open for individuals to bring equal protection claims, but generally bodes well for future tribal issues that reach the court, says Sarah Murray at Brownstein Hyatt.

  • High Court Underscores DOJ's Role In Policing FCA Litigation

    Author Photo

    The U.S. Supreme Court's decision in Polansky v. Executive Health Resources reaffirms that the government has final say in False Claims Act cases, allowing for meaningful guardrails that deter private litigators from seeking to regulate industries that Congress has delegated to expert administrative agencies, say attorneys at Ropes & Gray.

  • What The Data Says About FDA Responses To FOIA Requests

    Author Photo

    A statistical evaluation of the U.S. Food and Drug Administration's response times to Freedom of Information Act requests in the last decade shows that the FDA handles the majority of requests within a reasonable time frame, but its slowest response times are somewhat concerning, says Bradley Thompson at Epstein Becker.

  • Despite Its Plan Objections, UST Also Won In Purdue Ch. 11

    Author Photo

    The Second Circuit’s recent decision approving Purdue Pharma’s reorganization plan is a win even for the dissenting Office of the U.S. Trustee because the decision sets extremely stringent guidelines for future use of nonconsensual third-party releases, say Edward Neiger and Jennifer Christian at Ask.

  • What Courts Say About Workers' Comp And Medical Marijuana

    Author Photo

    Whether employers and insurance carriers are required or allowed to reimburse employees for out-of-pocket costs for treating work-related injuries with medical marijuana has spawned a debate, and the state courts that have addressed this matter are split on a number of issues, say Alexandra Hassell and Anthony Califano at Seyfarth.

  • Health Staffing Shortages May Draw More Antitrust Scrutiny

    Author Photo

    Though courts have been historically hesitant to police hospital staffing under antitrust laws, recent staffing shortages in the health care industry have created a stronger need to preserve competition in the market and will likely result in crackdown efforts from courts, say Dylan Newton and Michael Horn at Archer & Greiner.

Can't find the article you're looking for? Click here to search the Healthcare Authority Other archive.