News & Analysis as of

Health Civil Procedure

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

Delgado v. Manor Care of Tucson

Arizona Supreme Court Revises Test for APSA Claim - The Supreme Court has revised the test for determining if an actionable violation of the Adult Protective Services Act has occurred. A.R.S. § 46-451. The court...more

Ninth Circuit En Banc Panel Holds that Central Hudson Survives Sorrell

by Reed Smith on

Last week we bashed a Ninth Circuit Daubert decision. We feel a little bit bad about that, not because the decision wasn’t bashworthy – no, Wendell really is a rotten precedent – but because we hate contributing to the...more

Private Needle Exchange Programs Do Not Require Local Approval: Massachusetts Supreme Judicial Court Weighs In

Last week, in a case being watched locally and nationally, the Massachusetts Supreme Judicial Court (“SJC”) ruled that local government approval is not required for the operation of a private needle exchange program and that...more

The Supreme Court and President Trump Agree -- Nursing Homes Plaintiffs May Be Required to Arbitrate

by Melito & Adolfsen on

The Supreme Court and President Trump Agree -- Nursing Homes Plaintiffs May Be Required to Arbitrate - A provision in a contract providing for care of a resident in a nursing home may require the parties to arbitrate any...more

Breaking News - Bristol-Myers Squibb Slams The Door On Litigation Tourism

by Reed Smith on

The Supreme Court decided “the big one” today – and not to keep anyone in suspense [the big one is a major earthquake in California mass tort litigation], the result is that the California Supreme Court finding of personal...more

Employment Law - June 2017 #2

Class Certification Denial Reversed in Wake of Augustus - Why it matters - Applying the California Supreme Court’s recent decision in Augustus v. ABM Security Services, a California appellate panel reversed a trial...more

Fourth Circuit Punts West Virginia Innovator Liability Issue

by Reed Smith on

We have two posts on innovator liability that we update on a consistent basis: our innovator liability scorecard, and our “Innovator Liability at 100” state-by-state collection of materials that we originally compiled when...more

A Tie Too Far: Antitrust Class Action Alleging Physician Association Tied Board Certification to Association Membership Survives...

by Mintz Levin on

A New Jersey district court recently denied a motion to dismiss in an antitrust class action alleging that a physician association illegally tied board certification to association membership in violation of Section 1 of the...more

Court Puts the Brakes on Whistleblower's FCA Parking Claims

by Baker Ober Health Law on

The Department of Justice (DOJ) reports that, in fiscal year 2016 ending September 30, it obtained more than $4.7 billion in settlements and judgments from civil cases involving fraud and false claims. More than half of this...more

Exaggerated Diagnosis Codes and Inadequate Provider Networks: Allegations of Medicare Advantage Fraud Settled for $32.5 Million

by BakerHostetler on

The latest settlement involving Medicare Advantage (MA) organizations highlights not only the government’s continuing enforcement focus on Medicare Part C but also the vulnerabilities inherent in that program. In United...more

SCOTUS Ruling Gives a Boost to Biosimilars; FDA Continues to Advance Products Through AdComs

On a sweltering hot D.C. morning, those of us anxiously awaiting the Supreme Court’s opinion in its first case involving biosimilar biological products finally exhaled. The June 12, 2017 opinion followed the parties’ oral...more

Third Circuit Gets Right Result In Affirming Daubert Exclusion

by Reed Smith on

Earlier this week, we posted on the Ninth Circuit’s conversion of the Daubert’s gate (that the trial court should keep) into more of a swinging saloon door. A week before the Ninth Circuit ruled that a trial court had erred...more

Iowa Supreme Court Recognizes Wrongful Birth Action

by Faegre Baker Daniels on

On June 2 the Iowa Supreme Court expressly recognized the right of parents to sue for wrongful birth. Pam and Jeremy Plowman allege the following: Pam underwent ultrasound in week 22 of her pregnancy. The radiologist’s...more

Maryland Court of Special Appeals Says No Breach of Contract Claim Unless Doctor Makes Special Promise Regarding Medical Treatment

by Miles & Stockbridge P.C. on

In a decision handed down on April 27, 2017 in the case of Heneberry v. Pharoan, the Maryland Court of Special Appeals rejected a breach of contract claim against a doctor who failed to completely perform a surgical...more

Ninth Circuit Reverses Daubert Exclusion

by Reed Smith on

Let’s start with a shameless plug: the author of this post, along with Sean Wajert (Shook Hardy & Bacon), will present a Strafford webinar on June 21 entitled, “Daubert/Frye Motions in Product Liability Litigation: Bringing...more

Last Rites for ER Doctor’s EMTALA Claims

by Faegre Baker Daniels on

ER physician Ryan Kime believed his hospital lacked the resources, procedures, and capacity to meet the requirements of EMTALA, and he repeatedly said so. At an ER meeting he reported two cases as possible EMTALA violations...more

Deeper Dive: Meeting the FCA’s Intent Requirement

by Bass, Berry & Sims PLC on

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we will...more

ERISA: New Questions for Church-Affiliated Organizations After The Supreme Court Expands ERISA Church-Plan Exemption

On June 5, 2017, the U.S. Supreme Court expanded the scope of ERISA’s church-plan exemption in the case of Advocate Health Care Network v. Stapleton, — S. Ct. –, 2017 WL 2407476 (2017). The unanimous decision adopted a broad...more

Are remands to administrative agencies always immediately appealable? Not quite yet.

by Archer Norris PLC on

In Dhillon v. John Muir Health, 2017 Cal. LEXIS 3649, the Supreme Court of California shed some light on the resolution of the long-standing conflict concerning the appealability of a trial court’s order on a petition for...more

Hospital Seeks Second Opinion on Certifying Class with Uninjured Members

by BakerHostetler on

Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical services. Arguing there is insufficient proof that class members were...more

CMS Call to Focus on Changes to the Medicare Claims Appeal Process and Statistical Sampling (June 29)

by Reed Smith on

CMS is holding a call on June 29, 2017 to discuss recent regulatory changes intended to streamline the Medicare administrative appeal processes, reduce the backlog of pending appeals, and increase consistency in...more

SCOTUS Church Plan Ruling Ends the Battle But Not the War: What Church-Affiliated Church Plan Sponsors Need to Know and Do Now

The Supreme Court of the United States has ruled that employee benefit plans sponsored by certain church-affiliated organizations do not have to be established by a church to be considered a “church plan,” which is exempt...more

Fla. justices reject keystones of partisans’ plan to undercut patients’ rights

As congressional Republicans pursue their counter factual campaign this week to strip patients of their rights to pursue legal redress for harms they suffer while seeking medical services, the Florida Supreme Court has sent a...more

Latest Updates To Ediscovery for Defendants Cheat Sheet

by Reed Smith on

This is our quasi-annual update to our cheat sheet about ediscovery for defendants. Essentially that means using discovery to obtain access to what plaintiffs have said about themselves, and their supposed injuries, on...more

Determination on Indirect Infringement Requires Factual Record, Warranting Denial of Motion to Dismiss

by Orrick - NorCal IP Group on

Ever since the abolition of form complaints in patent cases, patent defendants have been incentivized to file motions to dismiss, and many have succeeded. But as Judge Gonzalez Rogers’ recent Order in this case reminds us,...more

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