Despite a major health insurer’s arguments to the contrary, New York’s Appellate Division, Second Department, has ruled that a pharmaceutical company did not commit fraud or tortiously interfere with the health care contracts involving several chronically ill patients who needed expensive out-of-network treatments.

In the decision, a unanimous affirmation of a 2017 ruling from Suffolk County Supreme Court, Justices Alan Scheinkman, Leonard Austin, Sylvia Hinds-Radix and Hector LaSalle effectively dismissed the suit filed by Oxford Health Plans of New York in 2010 against Biomed Pharmaceuticals.

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