Essley: The land of (health care lien) confusion
Eric Essley writes about a few of the health care-related lien statutes often encountered and/or cited by the plaintiff’s bar and their in-house/defense counterparts when trying to settle claims.
Biotechnology & Medical
Articles
Biomet settles hip-replacement litigation
The most serious cases from among more than 950 patients around the nation who claim they were harmed by a Warsaw company’s implanted hip-replacement devices will share in a settlement expected to exceed $100 million, according to an attorney involved in the case.
Proposed rule clears up ambiguities on release of mental health patients’ names
What the U.S. Department of Health and Human Services calls a modification to rules protecting patient privacy has sparked similar outcries from groups that might normally find themselves opposing each other. The National Alliance on Mental Illness and the Gun Owners of America both have come out against a proposed rule change to the Health Insurance Portability and Accountability Act that would allow health care entities to release the names of some mental health patients to the national firearm background check system.
Gibson: Managing drug and medical device mass-tort litigation
A common mistake is the belief that a mass tort and a class action are interchangeable terms. While the paths of class actions and mass torts may cross, they are separate and distinct legal proceedings.
Lawyers want to settle tainted medication suit
The product-liability litigation arising from the outbreak of fungal meningitis across the United States that infected nearly 100 Hoosiers has become mixed with a bankruptcy, a possible criminal investigation and a desire by plaintiff attorneys to reach a settlement soon so their clients can get restitution.
‘Contraception mandate’ goes before SCOTUS
A Madison family business is at the forefront of a legal challenge the Supreme Court of the United States will conference over Nov. 26 – whether the Patient Protection and Affordable Care Act “contraception mandate” violates the religious liberties of company owners whose faith proscribes birth control.
SCOTUS decides high-profile cases in term’s final weeks
The Supreme Court of the United States issued the final decisions of the 2012 term June 26. In addition to the Vance v. Ball State University ruling on the definition of “supervisor,” several of the decisions handed down during waning days of the term promise to have far-reaching impact.
New HIPAA rule revises breach notification process
Attorneys are navigating massive overhaul of 1996 act.
Pharmacy representation grows as practice niche
Hall Render Killian Heath & Lyman P.C. have created what it believes is the first pharmacy practice group in Indiana.
Drugmaker settlement nets state $793K
Indiana will collect $793,000 in reimbursement to the Medicaid program as part of a nationwide settlement of claims that the pharmaceutical company Amgen Inc. illegally marketed drugs, offered doctors kickbacks and submitted ineligible claims for payment.
AG seeks to suspend license of pharmaceutical maker linked to meningitis outbreak
Attorney General Greg Zoeller on Friday asked the Indiana Pharmacy Board to suspend the license of a Massachusetts company whose contaminated steroid injections are linked to 43 cases of fungal meningitis and three deaths in the state.
COA: Indiana hog farmer’s suit against N.C. operation to proceed
A North Carolina commercial hog operation must face an Indiana farmer’s claims of nuisance, negligence and trespass after an intentionally introduced, highly contagious virus infected his neighboring herd, causing damages in excess of $275,000.
Plaintiffs fail to prove claim that Zimmer misrepresented information
Two pension funds that own shares of Zimmer Holdings Inc. were unable to prove that Zimmer defrauded its investors by suppressing information, the 7th Circuit Court of Appeals ruled.
Justices to decide case questioning health care costs charged to uninsured patients
Indiana’s high court will hear arguments Thursday in Allen v. Clarian Health Partners, Inc., 955 N.E.2d 804 (Ind. Ct. App. 2011), vacated.
Nurses-turned-attorneys have unique insight
Attorney Lorie Brown was a nurse for 12 years before becoming a lawyer. Now, she hopes to help nurses avoid some of the common mistakes that could land them in litigation.
Dollars for donors
9th Circuit Court of Appeals decision raises concerns about bone marrow donation.