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The Legal Intelligencer

Superior Court Revives Medical Negligence Suit Against Wilkes-Barre General Hospital Following Discharged Patient's Suicide

"The Superior Court found that our clients' pretrial expert reports did indeed create such an issue, which means it is not the trial court's role to assess the credibility or value of these experts' opinions. Instead, the trial court must determine if the expert reports present a genuine issue of material fact that warrants a jury trial," David S. Senoff of First Law Strategy Group said.
6 minute read

Law.com

Magistrate Judge Sides With County Defendants in Inmate's Claims in Failure to Treat Hepatitis C

According to the summary judgment motion, Russell is entitled to qualified immunity because "no reasonable person in her position would have known" that her actions in monitoring Connell's Hepatitis C and treating symptoms would have constituted a violation of "some clearly established right" of the plaintiff.
4 minute read

New York Law Journal

Recent Appellate Decisions on Discovery

Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.
12 minute read

New Jersey Law Journal

Allstate Qui Tam Action Can Proceed Against Clinical Laboratory Over 'Growing and Disturbing Trend' of Unnecessary Urine Drug Testing

"Allstate submits that, in recent years, the opioid abuse crisis has fueled urine drug testing (UDT) for pain management and prescription compliance, ripening opportunities for fraud, waste, and abuse," U.S. Chief District Judge Renée Marie Bumb wrote. "It links Phoenix Toxicology to a growing and disturbing trend of unnecessary UDT."
5 minute read

Law.com

Minnesota Supreme Court Upholds Abortion Rights, Declines Anti-Abortion Relitigation Attempts Following Historic Ruling

"Five years ago, Gender Justice, the Lawyering Project, and our clients understood that the fight to protect abortion rights rests in the states. Today, we are thrilled to announce that our case is finally over and our victory is settled, marking a significant win for reproductive rights in Minnesota," Legal Director at Gender Justice Jess Braverman said in a statement.
4 minute read

New York Law Journal

Vicarious Liability of the Defendant Physician

Over the course of discovery in a complex medical malpractice case, it is expected that issues will arise as to the doctor's vicarious liability for others involved in the patient's care. Knowing where the distinctions are drawn will be helpful to the defense of your physician client.
9 minute read

The Legal Intelligencer

OIG Responds Favorably to an Arrangement for Patient Assistant Funds

The opinion concludes that although the proposed arrangement, if undertaken, would generate prohibited remuneration under the AKS (if the requisite intent were present), the OIG would not impose administrative sanctions on the requestor; and the arrangement does not constitute grounds for imposition of sanctions under the beneficiary inducements CMP.
10 minute read

National Law Journal

Oklahoma Taps Paul Clement to Take on Pharmacy 'Middlemen' at High Court

"PBMs [pharmacy benefit managers] have had a profound and profoundly negative effect on pharmacies and the patients who rely on them," Clement wrote in the petition for Supreme Court review.
5 minute read

Law.com

'Restoring Dignity to Henrietta Lacks': Unjust Enrichment Claim Regarding 'HeLa Cells' May Proceed Against Pharma Company

"Now, Henrietta Lacks' grandson, Ron Lacks, says Ultragenyx unjustly reaps some of the benefits of the wrongs against his grandmother," District Judge Deborah L. Boardman said. "Ultragenyx says it has done nothing wrong, and Lacks has no viable claim against it. Today, the court reaches one modest conclusion about this dispute: If what Lacks alleges is true, it is plausible that Ultragenyx is liable to Lacks for unjust enrichment."
5 minute read

New York Law Journal

NY's Top Court Says Abortion Coverage Mandate Remains 'Good Law'

The 7-0 Court of Appeals ruling, written by Chief Judge Rowan Wilson, rejected a claim by a coalition of churches and religious organizations that had challenged the rule of the Department of Financial Services as violative of the First Amendment.
4 minute read

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