Healthcare Law Today

JANUARY 11, 2023

The government alleged that, between April 2014 and April 2019, Jet Medical introduced devices into interstate commerce that were misbranded under the Federal Food, Drug and Cosmetic Act (FDCA) because Jet Medical did not obtain approval or clearance from the U.S. Pre-submission Meetings.

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The Health Law Firm

MAY 29, 2014

Board Certified by The Florida Bar in Health Law Talk about cracking down on Medicare fraud. On May 14, 2014, a Brevard County radiation oncologist received his final judgment in a whistleblower Medicare fraud case. By George F. Indest III, J.D., million.

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Healthcare Law Blog

FEBRUARY 13, 2023

This topic always involves a legal angle, such as Stark Law or Anti-Kickback compliance, or state fraud and abuse law considerations. 2014), the D.C. For example, Chief Justice John Roberts asked about an accountant who completes a complicated return. For example, consider physician compensation. Are bonuses involved?

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Compliancy Group

AUGUST 23, 2023

September of 2020 marked the month when Cronin, burdened by guilt, reluctantly admitted to a single count of conspiring to orchestrate health care fraud and another count of brazenly committing such deceitful acts. Prosecutors Evan Panich and Chris Looney from the Health Care Fraud Unit, alongside Special Assistant U.S.

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HIPAA Journal

APRIL 5, 2024

A lawsuit against CareFirst BlueCross BlueShield that was filed in response to a 2014 data breach has had a contract class certified by a federal judge, 9 years after legal action was initiated. In June 2014, hackers gained access to CareFirst systems, which contained the data of around 1.1

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HIPAA Journal

MAY 18, 2023

2022 Aveanna Healthcare Massachusetts $425,000 166,000 Phishing attack and data breach The Massachusetts Attorney General determined there was a lack of appropriate safeguards to prevent phishing attacks, such as multifactor authentication and security awareness training for its workforce. million 78.8 million 78.8

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Hall Render

APRIL 1, 2022

Fraud plagues California’s hospice industry, audit finds. What We Know About BA.2 One of Brevard’s only mental health crisis units about to close amid care shortage. over MassHealth fraud. UPMC begins payments to 66,000 employees affected by 2014 data breach. California nurses begin strike.

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Health Populi

JANUARY 5, 2021

“These are not just about individual instances or bad apples,” Dr. Vikas Saini, President of The Lown Institute, explained, referring to them as “cautionary tales” of the current state of U.S. Shkreli was ultimately convicted on securities fraud (not related to the Draprim pricing strategy). health care.

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Drug & Device Law

DECEMBER 4, 2023

On a host of issues, CPAP II makes a recommendations about state law – but without any basis in existing state law. Undisputedly, the complaint at issue “allege[d] no specific facts about any specific plaintiffs or specific injuries.” We saw more of the same with the discussion of consumer fraud claims in CPAP II.

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Drug & Device Law

JULY 24, 2023

What’s worse, the fraud on the FDA claim, if brought under state law, would be preempted by Buckman Co. The same sky-is-falling argument could be said about any litigation with sufficiently “numerous” class members, so it’s rather tautological. 2014) (both complete with diagrams). The federal rules don’t treat fraud that way.

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Drug & Device Law

NOVEMBER 10, 2023

Two of your intrepid bloggers took shots at writing blogposts about Valsartan shortly after it was decided – but found the opinion simply too complicated, verbose, and depressingly wrong for us to wrap our hands, or our brains, around. The opinion spans almost 300 (292, to be exact) Lexis star pages and weighs in at over 40,000 words.

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Drug & Device Law

MARCH 3, 2022

In the coming weeks, there are sure to be many articles looking at what Judge Brown Jackson has written and what that might suggest about the future jurisprudence of the United States Supreme Court if she is confirmed. By contrast, Judge Jackson has written about preemption in the context of a device product liability case.

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Drug & Device Law

FEBRUARY 2, 2023

2014) (applying Texas law). What’s really interesting about Atkinson is its holding that the other prerequisite to case-by-case application of comment k – that the product have “proper directions and warning” – was also satisfied as a matter of law. Toyota Motor Engineering & Manufacturing North America, Inc. , manufacturer, . .

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Drug & Device Law

MARCH 31, 2023

Opposing attempts to use False Claims Act litigation to adjudicate scientific debate, here , in 2014. Scientific literature about the risks and benefits of prescription medical products does not – at least in the absence of academic fraud such as the actual falsification of data (see, here ) – subject the speaker to tort liability.

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Drug & Device Law

FEBRUARY 15, 2024

The two of us recently wrote about the issue of retroactivity of Michigan S.B. The two of us recently wrote about the issue of retroactivity of Michigan S.B. Nothing about retroactivity. Nothing about it applying to claims accruing on a certain date in the past. 410 repeal in Law360 (i.e., 410 repeal in Law360 (i.e.,

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Drug & Device Law

MARCH 7, 2022

Here, Plaintiffs fail to supply factual support showing Defendant acted with “oppression, fraud, or malice,” relying instead upon conclusory allegations. Gloucester County , 2014 WL 1599499, at *3 (D.N.J. April 21, 2014). That’s a start, but what about the federal courts of appeals? Burlington Insurance Co. 2, 2020). “In

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Drug & Device Law

JUNE 9, 2022

In our initial post, we focused on the exception to the presumption, which allows liability to be imposed if a plaintiff alleges and ultimately proves that the defendant manufacturer committed fraud on the FDA. 2014 WL 1876957, *10 (D.N.J. We explained that the exception is contrary to Buckman Co. Plaintiffs’ Legal Committee , 531 U.S.

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Drug & Device Law

JANUARY 29, 2024

After a couple of minor speed bumps (res ipsa loquitur and fraud, id. , who has since [2014] been incarcerated.” The alleged abuser had been “judicially determined” to be the genetic father (what about his DNA test?). at *2-3), Michaels gets to the main events. First, the statute of limitations.

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Drug & Device Law

MARCH 19, 2024

Plaintiff had surgery in 2014 in which the clips were used. Plaintiff was missing any “indicia of fraud, wrongdoing, domination, misuse, or subversion of corporate formalities. Hodges was about the evidentiary use of actual adverse event reports for “notice” – not failure to report. Brannon , 707 A.2d 2d 1225, 1228 (R.I.

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Drug & Device Law

JULY 6, 2022

We thought about heading to the spot with law friendlier to the right side of the v. West Virginia mesh MDL in 2014. In addition, the fraud/fraudulent concealment claims in King flunked the specificity requirement of Fed. The King case says something good about product liability law in both New Jersey and a North Carolina.

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