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Documents on Litigation, Health Care
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|DOJ Issues Memo Directing Prosecutors to Focus on Individual Accountability|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 14, 2015, previously published on September 11, 2015The U.S. Department of Justice (DOJ) issued a memorandum on Wednesday from Deputy Attorney General Sally Quillian Yates that reaffirms the Government’s commitment to prosecuting individuals and formally instructs prosecutors to focus on individual accountability when dealing with corporate...
|Amarin and Off-Label Drug Use: What it Means for the Pharmaceutical Industry|
Stephen G. Sozio; Jones Day;
September 14, 2015, previously published on September 2015The U.S. District Court for the Southern District of New York recently issued a significant decision in Amarin Pharma, Inc. et al v. United States Food & Drug Administration. Amarin sought and won a preliminary injunction against the FDA to stop it from pursuing a misbranding case against the...
|CON Laws, COPAs and the FTC: 7 Antitrust Points for the Healthcare Sector|
Steven Levitsky, Lesli C. sposito; DLA Piper (Canada) LLP;
September 10, 2015, previously published on August 6, 2015The Federal Trade Commission is on a roll in its attack on what it considers anti-competitive effects in the healthcare industry. And that roll has consistently involved challenging activity that once appeared to be protected by state laws.
|U.S. District Court Issues Ruling on Preliminary Motion to Dismiss Interpreting 60-Day Overpayment Rule: Holds Identification Occurs when Providers Are "Put on Notice" of Potential Overpayment|
Lindsey Lonergan, Rebekah N. Plowman; Jones Day;
September 10, 2015, previously published on September 2015Compliance with the labyrinth of health care rules and regulations has always been a burdensome challenge for health care providers, and particularly for compliance officers who are frequently presented with potential overpayments that after months of investigation fail to reveal an actual...
|FDA Updates List of Tropical Diseases Eligible for Award of Priority Review Voucher|
Edgar J. Asebey, Maureen Bennett, Christian B. Fulda, Colleen Heisey, Cristiana Spontoni; Jones Day;
September 4, 2015, previously published on September 2015In a final order issued August 20, 2015, FDA updated the list of tropical disease products eligible to receive a priority review voucher ("PRV"), an incentive to encourage the development of new drugs for the prevention or treatment of certain diseases by providing priority review of a...
|Personal Injury Medical Malpractice Caps Held Unconstitutional|
Julie A. Tyk; GrayRobinson, P.A.;
July 22, 2015, previously published on July 22, 2015On July 1, 2015, the Fourth District Court of Appeals (Fourth DCA) issued a major decision affecting medical malpractice cases in Florida. In the case North Broward Hospital District v. Kalitan, the court held that the caps on non-economic damages in personal injury medical malpractice cases were...
|OIG Cautions Physicians to Consider Compensation Arrangements Carefully|
Michele R. Goodman, Gerald M. Griffith, Rebekah N. Plowman; Jones Day;
June 23, 2015, previously published on June 2015The Department of Health and Human Services, Office of Inspector General ("OIG") recently released a fraud alert cautioning physicians who enter into medical directorships and other compensation arrangements, recommending that they consider whether the terms and conditions of such...
|Fingerprint-Based Background Checks Begin August 1st for Medicaid Providers|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 16, 2015, previously published on June 4, 2015On June 1st, the Centers for Medicare and Medicaid Services (CMS) released a State Medicaid Director Letter (SMD Letter) providing guidance to states on the criminal background check and fingerprinting requirements for Medicaid provider enrollment. This sub-regulatory guidance starts a 60 day clock...
|Tightening the Belt: The Shrinking Scope of Harmless Error|
Laura J. Persun; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 11, 2015, previously published on June 1, 2015In late January 2015, the Pennsylvania Superior Court issued an opinion that justified its decision to overturn the trial court. It highlighted testimony in which the minor plaintiff’s expert witness and the defendants’ attorneys referenced the availability of collateral sources. Even...
|Settlement Offers and Medical Bill Write-Offs: Unrecoverable “Damages” Under Howell Can’t Be Included In A “Judgment” Under Section 998|
Richard H. Nakamura; Morris Polich & Purdy LLP;
June 4, 2015, previously published on May 19, 2015In a case of first impression - and of tremendous importance to anyone evaluating a settlement offer under California law - a California appellate court ruled that unrecoverable damages don’t count when figuring out the amount of a judgment under California’s offer of judgment statute,...