Biotechnology & Medical

Alere sues Abbott to force completion of $5.8B deal

August 26, 2016
 Bloomberg News
Alere Inc. sued Abbott Laboratories claiming the medical-device maker failed to get U.S. antitrust clearance for their $5.8 billion merger agreement, potentially scuttling the controversial deal.
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Lilly, partner lose court fight over testosterone treatment

August 23, 2016
John Russell, IBJ Staff
Eli Lilly and Co. and its partner cannot stop competitors from selling generic versions of testosterone treatment Axiron, a federal judge in Indianapolis has ruled.
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Carmel doctor found not guilty of charges from 2014 DEA raid

August 19, 2016
 Associated Press, IL Staff
A Carmel doctor has been found not guilty of charges stemming from a high-profile Drug Enforcement Administration raid involving several medical clinics.
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Cialis users sue Lilly, claiming drug has ties to skin cancer

August 5, 2016
IBJ Staff
Seven men who took Cialis pills to treat erectile dysfunction sued Indianapolis drugmaker Eli Lilly and Co. this week, claiming they later suffered from skin cancer that was related to the medicine.
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State revenue department bound by 1998 ruling

July 19, 2016
Jennifer Nelson
The Indiana Department of State Revenue should have granted a medical equipment company’s request for a sales tax refund, the Indiana Tax Court ruled, finding the department is bound by its published ruling interpreting the exemption at issue.
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Doctor’s criminal charges provide 2 first impression issues

July 14, 2016
Jennifer Nelson
The Indiana Court of Appeals had to decide two issues of first impression Thursday in an appeal regarding charges of reckless homicide and issuing an invalid prescription for legend drugs by a practitioner against an Indianapolis doctor.
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Worker health, company headache

July 13, 2016
Marilyn Odendahl
New EEOC regulations add to the milieu of rules governing company wellness programs.
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Larimore and Riddle: FDA loses a First Amendment challenge

July 13, 2016
Mary Nold Larimore and Nancy Menard Riddle recap exciting developments in drug and device law.
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Astra faces off with FDA on copies of $7 million-a-day drug

July 8, 2016
 Bloomberg News
AstraZeneca Plc is making a final push to protect a drug that makes $7 million a day in the U.S. against cheaper copies as pressure mounts on the U.K. drugmaker to meet its own projections of almost doubling revenue.
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Personalized medicine gets boost from court ruling on patents

July 6, 2016
 Bloomberg News
The business of diagnostic treatments and personalized medicine got a boost Tuesday after an appeals court made it harder to invalidate certain patents by claiming they simply cover laws of nature.
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Device lawsuits plague Cook Medical

June 21, 2016
John Russell, IBJ Staff
The lawsuits against Cook Medical began four years ago with a trickle but have since turned into a gusher, now surpassing 500.
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Merck’s patent win over Gilead reversed over false testimony

June 7, 2016
 Bloomberg News
Merck & Co.’s $200 million jury verdict against Gilead Sciences Inc. was voided in a patent dispute over a breakthrough for hepatitis C because of misconduct by a witness at the companies’ trial.
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Indiana University to file new suit against abortion law

May 25, 2016
 Associated Press
Indiana University intends to sue to try and block a new state law mandating that aborted fetuses be buried or cremated after a federal judge blocked its bid to join an existing lawsuit, a spokeswoman said Tuesday.
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State opposes IU's bid to join suit challenging abortion law

May 23, 2016
 Associated Press
Indiana's attorney general is opposing Indiana University's effort to join a federal lawsuit that seeks to block a new state law mandating that aborted fetuses be buried or cremated.
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National medical-legal partnership conference convenes in Indianapolis

April 7, 2016
Marilyn Odendahl
An estimated 400 attorneys, medical professionals and social workers from around the country have come to Indianapolis for the 2016 National Medical-Legal Partnership Summit.
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Jury: Security firm not liable for $60M heist from Eli Lilly

April 5, 2016
 Associated Press
A security company isn't liable for the theft of more than $60 million worth of prescription drugs from pharmaceutical company Eli Lilly's warehouse in Connecticut six years ago, a federal jury in Florida says.
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Hospital cyberattack highlights health care vulnerabilities

March 30, 2016
 Associated Press
A cyberattack that paralyzed the hospital chain MedStar this week is serving as a fresh reminder of vulnerabilities that exist in systems that protect sensitive patient information.
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Bad publicity not enough to justify preliminary injunction

March 10, 2016
Scott Roberts
The Indiana Court of Appeals denied a doctor’s motion for preliminary injunction after it found he did not present enough evidence to justify it because he did not let the disciplinary process at his hospital play out.
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Cardiologist wins $1.58M wrongful firing judgment

February 1, 2016
Dave Stafford
An Indianapolis jury recently awarded a cardiologist fired from St. Vincent Medical Group $1.58 million after a two-week trial on his allegations of wrongful termination, breach of contract, tortious interference and other claims.
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Johnson & Johnson said to pay $120M in its first big mesh settlement

January 27, 2016
 Bloomberg News
Johnson & Johnson has made its first serious move to settle thousands of lawsuits filed by women who fault the company’s vaginal-mesh inserts for their injuries, according to people familiar with the matter.
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COA finds 1 out of 3 dental advertising regulations unconstitutional

January 20, 2016
Jennifer Nelson
The regulation that compels dentists to disclose every dentist within the practice in advertisements is unconstitutional, the Indiana Court of Appeals held Wednesday. It held two other challenged regulations regarding advertising are not unconstitutional.
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Lilly, other drugmakers face federal pricing probe

November 9, 2015
IBJ Staff
Indianapolis-based Eli Lilly and Co. and other U.S. drugmakers are being investigated by federal prosecutors over their drug-pricing practices related to Medicare and Medicaid, The Wall Street Journal and Reuters reported Friday.
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Indiana gets $1.36M in Stericycle whistleblower suit settlement

October 30, 2015
IL Staff
Indiana has received $1.36 million in the settlement of a lawsuit alleging an Illinois company overcharged governments for disposal of medical waste.
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Weighing the ‘Right to Try’ law

July 15, 2015
Dave Stafford
A new law promising terminally ill patients access to trial drugs is no cure-all.
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Innovation in mobile health impacts law

July 15, 2015
Nicolas Terry
There is a health care revolution going on in your pocket and on your wrist, and it is one for which the legal system is ill-prepared.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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