Biotechnology & Medical

Lawyers who sought to destroy stored newborn samples vow to keep up fight

February 8, 2017
Dave Stafford
The Indiana State Department of Health says it holds 2.2 million records on paper and in database regarding the newborn blood samples.
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Zimmer Biomet to pay $30M in criminal and civil penalties

January 16, 2017
IL Staff
Medical device manufacturer Zimmer Biomet Holdings Inc. has reached a multimillion-dollar settlement with the Securities and Exchange Commission and the U.S. Department of Justice for repeat violations of the Foreign Corrupt Practices Act.
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Indianapolis doctor wins defamation judgment against CVS

January 4, 2017
Dave Stafford
An Indianapolis physician whose patients were told at multiple CVS pharmacies that their prescriptions couldn’t be filled because the doctor had been arrested or was suspected of running a pill mill won a defamation judgment against the drugstore chain.
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Affidavit: Fertility doctor used own sperm for impregnations

September 13, 2016
 Associated Press
A retired Indianapolis fertility doctor said he used his own sperm around 50 times instead of donated sperm that his patients were expecting, impregnating several women decades ago, but later denied it, according to court documents.
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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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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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