Health

  • February 15, 2024

    Profs Say W.Va. Mifepristone Ban 'Out Of Step' With Regs

    A group of history professors told the Fourth Circuit on Wednesday that a district court's decision in favor of a new West Virginia law limiting the abortion drug mifepristone is "out of step" with federal regulatory practices designed to fill the gap left by state-level failures to regulate drugs.

  • February 15, 2024

    HCA Says NC Hospital's Standard Of Care Hasn't Changed

    For-profit hospital network HCA Management Services has fired back at claims of rampant mismanagement at its Asheville, North Carolina, hospital, saying the state attorney general's office has made accusations about the quality of care that aren't based on the terms agreed to when HCA bought the hospital four years ago.

  • February 15, 2024

    Invitae Can Use Cash Collateral For Speedy Ch. 11

    Bankrupt genetic testing company Invitae Corp. on Thursday got the approval of a New Jersey bankruptcy court for routine first-day motions as it moves toward a planned April auction of its assets.

  • February 15, 2024

    Michigan Wants 1 Panel For 3 Appeals Of LGBTQ Rights Laws

    The Michigan Civil Rights Commission asked the Sixth Circuit to put three separate appeals brought by religious organizations objecting to the state's laws designating gender identity and sexual orientation as protected classes before the same merits panel, arguing that doing so would ensure judicial consistency.

  • February 15, 2024

    Court Mulls If Claims Buyer Qualifies For Special Ch. 11 Trust

    A Delaware bankruptcy judge on Thursday considered whether a company that pursues claims on behalf of medical insurers and healthcare organizations can be paid from a specialized opioid trust created by the 2022 Chapter 11 plan of Irish pharmaceutical company Mallinckrodt PLC.

  • February 15, 2024

    Freenome Raises $254M For Early Cancer Detection Tests

    Cancer-focused biotechnology company Freenome said Thursday it has raised $254 million from investors to advance cancer detection tests in its pipeline.

  • February 15, 2024

    What Rescheduling Pot Would Mean For Criminal Justice Reform

    While federal drug enforcers mull a recommendation from health regulators to loosen restrictions on marijuana, criminal justice reformers are warning that rescheduling the drug would not realize President Joe Biden's campaign promise to decriminalize marijuana.

  • February 15, 2024

    Wash. High Court Affirms Liberty Mutual's Bill Review System

    The Washington State Supreme Court on Thursday said Liberty Mutual can use an industry database to cap payments to medical providers, rejecting a neurologist's argument that using computer-generated data to calculate medical bills violated consumer protection law because it didn't guarantee reasonable payment.

  • February 15, 2024

    Ga. Judge Hits Medicare Kickback Con Artist With 30 Months

    A Texas man convicted of running a Medicare kickback scheme that reaped more than $11 million in reimbursements was sentenced to two and a half years in prison by a Georgia federal judge Thursday and ordered to pay $13.3 million in restitution to the government and health insurers.

  • February 15, 2024

    Lincare To Pay $25.5M To Settle FCA, Anti-Kickback Litigation

    Lincare Inc. has agreed to pay about $25.5 million as part of a settlement with the Department of Justice and others resolving litigation over allegations it violated the False Claims Act and Anti-Kickback Statute by mishandling the rental of respiratory equipment to patients.

  • February 15, 2024

    Aurinia Refocusing After Failed Effort To Find A Buyer

    Kidney-focused biotech Aurinia Pharmaceuticals is hitting pause on drug development, cutting jobs and initiating a $150 million stock buyback program, the company disclosed in its year-end financial report Thursday.

  • February 15, 2024

    Med Monitoring Claims In Philips MDL Sent Back For Review

    The judge overseeing multidistrict litigation over Koninklijke Philips NV's recalled breathing machines has declined a special master's recommendation to trim claims seeking medical monitoring for some users, instead sending the case back for a deeper look at which states would allow such claims or whether they required proof of physical injury.

  • February 15, 2024

    Lawmakers Push PE Firm For Answers On Steward Health

    A group of lawmakers demanded answers from private equity firm Cerberus Capital Management on Thursday over its relationship with financially troubled Steward Health Care-owned hospitals in Massachusetts, saying that Steward's recent collapse is a "textbook example" of the "grave risks" that come with private equity takeover of the healthcare system.

  • February 15, 2024

    FTC's Khan Calls Healthcare 'Key' To Fight For Competition

    Federal Trade Commission Chair Lina Khan told a conference of physicians the agency is fighting corporate control at several levels of the healthcare industry, touting the sector as a key battleground in the administration's push for more competition across the economy.

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    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, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 14, 2024

    Colo. Hospital Sued For Denying Gender Dysphoria Surgery

    A patient is suing the Children's Hospital Colorado for discrimination and allegedly violating state law after a new policy barred surgical treatment for gender dysphoria, leading to the immediate cancellation of all surgeries for transgender patients, according to a suit filed Wednesday.

  • February 14, 2024

    Karuna Faces Investor Suit Over $14B Bristol Myers Buyout

    A Karuna Therapeutics Inc. shareholder has filed suit against the Boston-based biotechnology company alleging a proxy statement related to a proposed $14 billion buyout deal between Karuna and Bristol Myers Squibb contained false and misleading information and omitted key facts.

  • February 14, 2024

    Mo. Hospital Faces Action Over Breach Of 500K Patients' Data

    A Missouri hospital has been hit with a proposed class action after allegedly taking five months to notify more than 500,000 patients that their sensitive information had been compromised, according to a complaint filed in Missouri federal court.

  • February 14, 2024

    Judge Keeps FCA Case Against Kaiser Permanente Alive

    A California federal judge on Wednesday kept alive key parts of a False Claims Act lawsuit brought by a former Kaiser Permanente compliance officer-turned-whistleblower alleging the large healthcare group schemed to defraud the federal government by inflating its Medicare capitation rates.

  • February 14, 2024

    FTC Seeks Info On 'Powerful Middlemen' Amid Drug Shortages

    The Department of Health and Human Services and the Federal Trade Commission announced Wednesday that they are seeking information on whether legal exemptions for "middlemen" in the generic pharmaceutical market are driving ongoing drug shortages.

  • February 14, 2024

    NYC Sues Facebook, Social Media Cos. Over Teen Addiction

    New York City on Wednesday became the latest government entity to accuse social media giants such as Facebook, TikTok and YouTube of purposefully hooking youth on their platforms and driving a mental health care crisis by designing their apps to mimic gambling and tobacco industry tactics in a California state court suit.

  • February 14, 2024

    Adagio Medical Goes Public In $128M SPAC Merger

    Adagio Medical, a catheter ablation tech maker, and Arya Sciences, a special purpose acquisition company, said on Wednesday that they would merge, taking the combined company public at a $128 million value, guided by respective legal adviser Reed Smith and Kirkland.

  • February 14, 2024

    Software Co. Inks $4M Deal In Privacy Suit Over Breached Info

    Patients suing software company Connexin Software for allegedly failing to safeguard the healthcare and personal identifiable information of more than 200,000 people compromised during a data breach, including that of children, asked a Pennsylvania federal judge on Wednesday to approve a $4 million class settlement.

  • February 14, 2024

    Pharma Co. Humanigen Gets OK For Ch. 11 Sale

    Drug researcher Humanigen Inc. can sell nearly all of its assets to a company formed by its CEO, a Delaware bankruptcy judge ruled Wednesday, after the debtor, the buyer and the official committee of unsecured creditors struck a deal resolving objections to the Chapter 11 sale.

  • February 14, 2024

    Ohio Doc. Group Not Named Too Late In Neck Injury Suit

    An Ohio state appeals court has revived a woman's claims against Mid-Ohio Physicians LLP and one of its doctors in a suit alleging she fell out of a hospital bed and sustained injuries, saying the trial court was wrong to find that she'd added them to the suit after the statute of limitations had expired.

Expert Analysis

  • 2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement

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    Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.

  • Opinion

    Conflicts Abound When Activist Short-Sellers Publish Reports

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    The self-serving relationship between activist short-sellers and plaintiff-side litigators is conflict-ridden and hinders the fact finder's impartiality when a short report forms the basis for lead plaintiffs' allegations, say Nessim Mezrahi and Stephen Sigrist at SAR.

  • Financing Healthcare Deals In Uncertain Markets This Year

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    As challenges to closing and financing new deals prevail into 2024, lenders in new healthcare transactions are talking about alternative approaches for sponsors to consider, such as private credit alternatives and utilization of junior capital, say attorneys at McDermott.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Disability Benefits Ruling Holds Claim Evaluation Lessons

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    In Haynes v. Principal Life Insurance, a Texas federal court recently overturned a disability benefits denial, providing both claimants and insurers with valuable insight on what constitutes a valid benefits claim, says Mark DeBofsky at DeBofsky Law.

  • Lessons From DOJ's Handling Of Rare Medicare Fraud Case

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    The U.S. Department of Justice's recent indictment against HealthSun sheds light on the relatively rare circumstances in which the agency may pursue criminal charges for fraud involving Medicare Advantage, but its subsequent decision not to prosecute shows that compliance efforts can mitigate penalties, say attorneys at WilmerHale.

  • Unpacking NIST's Guidance On Genomic Data Cybersecurity

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    The National Institute of Standards and Technology's final internal report on cybersecurity of genomic data highlights unique concerns associated with the use of such data and provides strong recommendations for risk management, though one area of the report may cause some confusion, say attorneys at Ropes & Gray.

  • Key Legal Trends For Healthcare And Life Sciences In 2024

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    Due to the impact of contentious legal battles over drug pricing negotiations, the growing integration of artificial intelligence into drug development and manufacturing, and the publication of industry segment-specific guidance, the year ahead promises to be a dynamic period of changes and challenges, say Xin Tao and Lois Liu at Baker McKenzie.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • 8 Privacy Law Predictions For 2024

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    As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • FOIA Exemption Questions On Redacted HHS Cannabis Letter

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    The U.S. Department of Health and Human Services' recent recommendation letter concerning the rescheduling of cannabis was heavily redacted, and based on an analysis on the applicability of Freedom of Information Act Exemption 5 to the letter, it's likely that we will see successful legal challenges to those redactions, say attorneys at Troutman Pepper.

  • Evaluating Retroactivity Of Mich. Drugmaker Immunity Repeal

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    In assessing whether a new Michigan law lifting drugmakers' blanket immunity from product liability suits will apply retroactively, there are four key factors that Michigan courts will likely consider, say Sherry Knutson and Brenda Sweet at Tucker Ellis.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Bribery Settlement Gives Insight On DOJ Policies

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    Chemical company Albemarle’s recent $218 million settlement with the government to resolve foreign bribery claims provides valuable data points for companies on the U.S. Department of Justice’s voluntary self-disclosure policy and its clawback pilot program, say Michael DeBernardis and Tiauna Mathieu at Hughes Hubbard.

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