An appeals court upheld a defense verdict for a Georgia oncologist who was sued for failing to diagnose a patient’s breast cancer recurrence. The plaintiff’s appeal centered around whether the
A May 2021 ruling by the U.S. Court of Appeals of the Federal Circuit did more than just reinstate damages for the plaintiff of a vaccine injury case. Pivotally, the
Elite Medical Experts TUCSON—On June 30, 2021, the U.S. Food and Drug Administration (FDA) alerted the public about a voluntary recall of specific Philips Respironics ventilators, BiPAP, and CPAP devices
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
The Fifth Circuit found there was not enough evidence linking a NASA engineer’s mesothelioma death to asbestos products supplied by two insulation companies. In affirming a lower court’s decision, the
Two doctors were the latest to plead guilty in connection with a $100M fraud scheme against TRICARE. On the eve of their retrial, the doctors admitted to wrongful use of
Many med mal torts hinge on the issue of informed consent, focusing on the information physicians have provided regarding treatment options, potential risks, and alternatives when patients made health care
Just as a company CEO can overrule a midlevel manager, federal law has the authority to supersede or preempt state law when the two conflict. The issue of preemption was
The U.S. Supreme Court declined to weigh in on whether objectively verifiable facts are necessary to establish a fraudulent claim under the False Claims Act (FCA). In rejecting two petitions
A decision regarding which competing causation standard must apply to medical malpractice cases with multiple tortfeasors has been answered by the Massachusetts Supreme Judicial Court (SJC). In February 2021, the
The guidelines insurance companies use to evaluate coverage and claims for mental health care and substance use treatments have come under fresh, intense scrutiny in a 5-year class-action lawsuit involving
A New York doctor was charged with second-degree murder this month for prescription practices that allegedly led to the opioid-related deaths of five patients. While opioid-related murder charges against prescribing
