A $117M talcum powder verdict was overturned by a New Jersey appeals court, which found that the expert testimony proffered on behalf of the plaintiffs failed to adhere to the
To establish medical malpractice, a plaintiff must prove that the healthcare provider’s action fell below the standard of care and that the failure was a proximate cause of the plaintiff’s
When a plaintiff sues a doctor for malpractice, the medical facility may also be culpable for negligent credentialing. Healthcare entities have a responsibility to properly vet, credential, and periodically reevaluate
A False Claims Act (FCA) lawsuit against Walgreens was recently dismissed by the Southern District of Texas because the claim was not specific enough. The lawsuit was brought by a
Background: While medical professional liability (MPL) claims involving pediatric cases (ages 0-17 years) represent a small fraction of overall MPL claim activity nationally, they differ substantially from adult cases, both
Antoinette Lundy filed a medical malpractice lawsuit on behalf of her son after he suffered brain damage during childbirth. As Lundy’s healthcare providers were considered employees of the federal government
The testimony of two expert witnesses was excluded in a recent Georgia medical malpractice case because the experts’ knowledge and experience did not meet the requirements specified by state law.
In closely watched cases, three circuit courts are weighing whether COVID-19 injury and wrongful death cases should be tried in federal court or the state court where they originated. Citing
The Fifth Circuit disagreed with its own precedent to adopt a definition of “seaman” that it says is more in line with Supreme Court case law. Under the Jones Act,
Insurance companies can be found liable for bad faith when they unreasonably deny benefits or fail to properly investigate a claim. In two recent cases, courts deferred to the opinions
One of the largest operators of skilled nursing facilities (SNFs) in the U.S. has recently agreed to pay a multi-million-dollar settlement to end a 6-year False Claims Act (FCA) case.
The University of Miami agreed to pay $22 million to resolve allegations that it violated the False Claims Act by engaging in fraudulent billing practices, ordering medically unnecessary laboratory tests,
A federal appeals court revived a whistleblower lawsuit against a medical device maker based on a “fraud-on-the-FDA” theory of liability within the False Claims Act (FCA). In reversing a district
An urgent care group in South Carolina agreed to pay $22.5 million to settle False Claims Act (FCA) allegations concerning credentialing issues. The case is a cautionary tale for healthcare
A False Claims Act lawsuit brought by an emergency medicine physician was allowed to proceed based on evidence submitted by the physician demonstrating his own involvement in an alleged billing
