News & Analysis as of

Medical Monitoring

Butler Snow LLP

The Wearable Revolution: How to Use Personal Health Device Data in Litigation

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Wearable technology compiles extensive information on our bodily systems—including activity levels, menstruation and fertility, exercise activity and attainment, food consumption, weight, sleep, noise exposure, heart rate,...more

Awatif Mohammad Shoqi Advocates & Legal...

New Mental Health Law in the UAE: A Comprehensive Overview

Introduction- The UAE has recently taken a groundbreaking step in mental health care with the implementation of Federal Law No. 10/2023 on Mental Health. The Mental Health Law prioritizes the rights of individuals...more

McGlinchey Stafford

Establishing and Challenging Standing in PFAS Litigation

McGlinchey Stafford on

The case of Hardwick v. 3M, a per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...more

McDermott Will & Emery

Remote Monitoring and Digital Therapies: CMS Updates Coverage and Payment Policies

McDermott Will & Emery on

In recent years, the Centers for Medicare & Medicaid Services (CMS) has expanded payment for remote monitoring services in an effort to pay for non-face-to-face services that improve care coordination for Medicare...more

Dechert LLP

Dechert Re:Torts - Issue 9

Dechert LLP on

Delaware Supreme Court Rejects No-Injury Medical Monitoring Claims - As part of our ongoing coverage of issues in Medical Monitoring, we noted that the Delaware Supreme Court received a certified question from the U.S....more

McDermott+

The Comments are In! Responses to the Physician Fee Schedule Proposed Reg

McDermott+ on

Time’s up and pencils down! Comments on the calendar year (CY) 2024 physician fee schedule (PFS) proposed reg were due earlier this week. Now, the Centers for Medicare & Medicaid Services (CMS) will have to review them and...more

Maron Marvel

Delaware Supreme Court Rules Manifestation of Physical Harm Required for Claim of Increased Risk of Illness

Maron Marvel on

Reaffirming Delaware’s position on medical monitoring claims apart from its neighboring states, the Delaware Supreme Court answered a question certified to it by the Third Circuit ruling that there must be a manifestation of...more

K&L Gates LLP

American Law Institute Vote on Medical Monitoring Could Spur Increased "No-Injury" Claims

K&L Gates LLP on

The American Law Institute is scheduled to vote shortly on a new proposed rule for its Restatement (Third) of Torts that would recognize a claim for medical monitoring, even in the absence of physical injury. Companies in all...more

Husch Blackwell LLP

New Hampshire Supreme Court Rejects Medical Monitoring Claim in PFAS Case

Husch Blackwell LLP on

The Supreme Court of New Hampshire declined to recognize medical monitoring as a remedy or cause of action for plaintiffs who claim exposure to toxic substances. The court based its reasoning on New Hampshire common law and...more

Harris Beach PLLC

Court Rules Company Not Responsible for Medical Monitoring Costs in PFAS Case

Harris Beach PLLC on

Holding that New Hampshire does not recognize medical monitoring claims for the mere exposure to a toxic substance, New Hampshire’s Supreme Court ruled in favor of a plastics manufacturing plant alleged to have released...more

MG+M The Law Firm

Risk of Injury is Not an Injury: New Hampshire Supreme Court Declines to Recognize Medical Monitoring

MG+M The Law Firm on

Last week, the New Hampshire Supreme Court held that state law does not recognize medical monitoring as a remedy or cause of action for plaintiffs who allege that they were exposed to a toxic substance. In Kevin Brown v....more

White and Williams LLP

New Hampshire Supreme Court Declines to Recognize Cause of Action for Medical Monitoring in Context of PFAS Claims

White and Williams LLP on

On March 21, 2023, the New Hampshire Supreme Court, answering a certified question from the U.S. District Court for the District of New Hampshire, concluded that New Hampshire does not recognize a cause of action for recovery...more

Latham & Watkins LLP

Healthcare Coverage Developments on the Horizon for Emerging Technologies, Including Digital Technologies

Latham & Watkins LLP on

Technology companies, providers, investors, and other stakeholders should prepare for potential policy changes. In the coming months, a number of significant developments are anticipated to influence the future of the...more

McDermott Will & Emery

Remote Monitoring Services Under Review: Medicare Coverage Policies May Be Coming

McDermott Will & Emery on

Six of the seven Medicare Administrative Contractors (MACs) are scheduled to jointly host a multijurisdictional contractor advisory committee (CAC) meeting on February 28, 2023. This CAC panel meeting will allow the MACs to...more

Rivkin Radler LLP

Telehealth on Your TV?

Rivkin Radler LLP on

Virtual primary care company HealthTap recently announced that it has partnered with Samsung to provide telehealth services through Samsung smart TVs. Users will be able to connect to the HealthTap platform and schedule a...more

MG+M The Law Firm

Sixth Circuit Grants Interlocutory Review of Massive PFAS Class Certification

MG+M The Law Firm on

Recently, a three-judge panel of the US Court of Appeals for the Sixth Circuit granted interlocutory review of an enormous class action that could significantly impact the future of PFAS litigation. ...more

Manatt, Phelps & Phillips, LLP

Scaling Remote Monitoring Programs: Strategic Imperatives for Health System Leaders

Introduction - Remote monitoring technology and programs have proliferated over the past five years, accelerated by the continued miniaturization of medical-grade sensors; improvements in device accuracy, validity and...more

Dickinson Wright

[Webinar] How will Telehealth Evolve as the Pandemic (hopefully) Draws to a Close? - October 13th, 1:00 pm - 2:00 pm EDT

Dickinson Wright on

This session will dive into the ways in which Telehealth is expected to evolve and continue, what is being done to improve user parity, best practices pertaining to patient disclosures and agreements, and how reimbursements...more

Weber Gallagher Simpson Stapleton Fires &...

NJ Appellate Court Rules on Recording Devices or Presence of Third Parties During Defense Ordered Medical/Psychological Exams of...

It has long been the rule in New Jersey that plaintiffs are entitled to have recording devices or third-party monitors in the room when they undergo a defense-ordered medical examination. The appellate court has revoked the...more

Jenner & Block

Vermont Joins Growing Number of States Allowing Medical Monitoring for Alleged Exposure to Chemicals

Jenner & Block on

On April 21st, Vermont Governor Phil Scott signed into law Senate Bill 113 that provides a cause of action for medical monitoring for individuals exposed to toxic chemicals. The new law specifically provides persons without a...more

Saul Ewing LLP

Considerations for Remote Patient Monitoring Vendors and Providers

Saul Ewing LLP on

Remote patient monitoring (“RPM”) refers to the use of digital technologies to monitor and capture medical and other health data from an individual. This data is electronically stored for an individual’s personal use or...more

McDermott Will & Emery

Änderung der SARS-COV-2-Arbeitsschutzverordnung

Was gilt es ab dem 10. September zu beachten? Das Bundeskabinett hat eine weitere Änderung der Corona-Arbeitsschutzverordnung auf den Weg gebracht. Die Verordnung wird an die Dauer der epidemischen Lage gekoppelt und...more

Bradley Arant Boult Cummings LLP

Yes, We’re Still Talking About COVID-19: OSHA Updates Guidance for Workplaces

Recently OSHA updated its guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace for employers who are not covered by the “COVID-19 Emergency Temporary Standard for Healthcare.” As we explained before,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Does Arkansas Law Recognize a Claim for Medical Monitoring?

No. Medical monitoring may possibly be treated as a type of damages, but is not a separate cause of action in Arkansas. The Rule. Although the case law on this topic is scant in Arkansas, in one case the Arkansas Supreme...more

Patrick Malone & Associates P.C. | DC Injury...

Better Healthcare Newsletter from Patrick Malone - May 2021

IN THIS ISSUE Home medical tests and health monitors are trendy now. How useful are they? As the saying goes: Let the buyer beware - Shaking up hidebound medicine could be a plus. But will key safeguards also stay?...more

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