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U.S. Joins False Claims Act Lawsuit Against Georgia Medical Center And Physician

WASHINGTON, D.C. — The United States has intervened in a False Claims Act lawsuit alleging that Satilla Health Services Inc., dba Satilla Regional Medical Center, and Dr. Najam Azmat submitted claims for medically substandard and unnecessary services to Medicare and Medicaid, the Justice Department...

Woman Who Had Unnecessary Mastectomy Gets $198,000

LOS ANGELES - (AP) A woman who underwent a double mastectomy and later discovered she didn't have breast cancer was set to receive $198,000 under a settlement approved Tuesday by the Los Angeles County Board of Supervisors. Ana Jimenez-Salgado had her breasts surgically removed at Los Angeles County...

Pa. High Court: Drug Company Lacks Standing To Challenge State’s Outside Counsel

PHILADELPHIA - (Mealey's) Janssen Pharmaceutica Inc. lacks standing under Pennsylvania law to challenge the hiring of outside counsel to represent the state in a Risperdal off-label marketing lawsuit, the Pennsylvania Supreme Court ruled Aug. 17 ( Commonwealth of Pennsylvania, et al. v. Janssen Pharmaceutica...

States' Suit On Obama Health Plan May Go To Trial

PENSACOLA, Fla. - (AP) A federal judge says he likely will let go to trial portions of a lawsuit by Florida and 19 other states challenging the president's health care overhaul as unconstitutional. Full version available to lexis.com subscribers .

Jury Orders Warrick To Pay State $4.5M For Inflated Albuterol Prices

BOSTON - (Mealey's) A Massachusetts federal jury on Oct. 1 ordered a defunct Merck & Co. Inc. subsidiary, Warrick Pharmaceuticals Corp., to pay $4,563,328 for causing the state to pay inflated prices for the asthma drug albuterol ( Commonwealth of Massachusetts v. Mylan Laboratories, Inc., et...

Merck To Appeal $4.6M Verdict In Massachusetts Fraud Case

TRENTON, N.J. - (AP) Drugmaker Merck & Co. plans to appeal a federal court verdict that a former subsidiary caused the commonwealth of Massachusetts to overpay pharmacists for a widely used asthma medication, the company said Thursday. After a three-week trial, a jury in Boston found Merck liable...

Judge Rules On Attorneys General Lawsuit Challenging Health Care Law; 2 Claims Remain

PENSACOLA, Fla. - (Mealey's) Two of six claims remain in a suit brought by attorneys general challenging the Patient Protection and Affordable Care Act (PPACA) after a Florida federal judge issued his ruling Oct. 14 on a motion to dismiss brought by the federal government ( State of Florida, et al...

Judge: Lawsuit Over Health Overhaul Can Go To Trial

PENSACOLA, Fla. - (AP) Crucial pieces of a lawsuit challenging the Obama administration's health care overhaul can go to trial, with a judge ruling Thursday he wants to hear more arguments over whether it's constitutional to force citizens to buy health insurance. In a written ruling, U.S. District...

2 Drug Makers To Pay $214.5 Million For Off-Label Marketing Of Zonegran

BOSTON - (Mealey's) Drug maker Elan Corp. PLC on Dec. 15 pleaded guilty to misdemeanor branding for the off-label marketing of the epilepsy drug Zonegran and will pay more than $203.5 million in criminal and civil penalties ( United States of America v. Elan Pharmaceuticals, Inc. , No. 10-10431,...

Potential Pitfalls Involving Medicare Set-Asides, Special Needs Trusts

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL LLC Now that those involved in personal injury settlements, whether workers' compensation or liability insurance based, have finally come to understand the Medicare Secondary Payer Act ("MSP") to some extent, it appears that they have...

Glaxo Settles Bad Drug Claim For More Than $40 Million

PROVIDENCE, R.I. - (AP) The American subsidiary of a major British drug maker, GlaxoSmithKline LLC, has agreed to pay more than $40 million to 37 states and Washington, D.C., to settle complaints alleging manufacturing process issues at a now-shuttered plant in Puerto Rico, the company and several states'...

States Petition Supreme Court In Health Care Act Case

WASHINGTON, D.C. - (Mealey's) States challenging the Patient Protection and Affordable Care Act (PPACA) filed a petition on Sept. 28 for writ of certiorari with the U.S. Supreme Court, saying an 11th Circuit U.S. Court of Appeals decision affirming that the individual mandate contained in the act...

Government Petitions U.S. Supreme Court In Health Care Act Case

WASHINGTON, D.C. -- The federal government on Sept. 28 filed a petition for writ of certiorari with the U.S. Supreme Court, saying the 11th Circuit U.S. Court of Appeals erred in affirming that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is unconstitutional...

GlaxoSmithKline To Settle 3 Federal Investigations For $3 Billion

LONDON - (Mealey's) GlaxoSmithKline plc (GSK) has reached an agreement in principal to settle three United States federal criminal and civil investigations for $3 billion, the company said Nov. 3 in a press release on its Web site. GSK said the agreement in principle will settle "the Company's...

Texas Risperdal Trial Ends When Janssen Settles For $158 Million, Company Says

AUSTIN, Texas -- Johnson & Johnson subsidiary Janssen LLP said Jan. 19 that it has agreed to pay $158 million to settle claims by Texas that it defrauded the Medicaid program through its off-label promotion of the atypical antipsychotic drug Risperdal ( State of Texas, ex rel. Allen Jones v. Janssen...

In Sweeping Opinion, High Court Upholds Constitutionality Of Health Care Reform Act

WASHINGTON, D.C. - (Mealey's) In a sweeping opinion covering four issues addressed over three days of oral argument, the U.S. Supreme Court on June 28 found that the Anti-Injunction Act (AIA) does not bar challenges to the Patient Protection and Affordable Care Act (PPACA), that the individual mandate...

Alabama High Court Vacates $78.4 Million Drug-Pricing Verdict Against Generic Maker Sandoz

MONTGOMERY, Ala. - (Mealey's) In a 7-1 vote, the Alabama Supreme Court on July 13 vacated a $78.4 million drug-pricing verdict against generic drug maker Sandoz Inc., finding that the state government knew that the reported drug prices were not accurate and that the state based its reimbursement...

And The Beat Goes On. . . Medicaid Fraud Suits Continue Churning and Returning Taxpayer Money Paid To Medical Providers

In anticipation of the upcoming U.S. presidential election, the news cycle is heating up with discussions about federal and state budget deficits and funding for Medicare/Medicaid programs. Both the Republican and Democratic Parties are lining up and getting ready to pitch their proposals to the public...

Kentucky Appeals Court Vacates $130 Million Drug-Pricing Verdicts, Says State Was 'Complicit'

FRANKFORT, Ky. - A Kentucky appeals court panel on Oct. 12 vacated verdicts totaling more than $130.7 million against two drug makers for publishing inflated average wholesale prices (AWPs), saying the Kentucky Medicaid program was well aware of the practice and was complicit in the scheme ( Sandoz Inc...

Boehringer Ingelheim Pays $95 Million To Settle Off-Label, Kickback Claims In Civil Suit

BALTIMORE — Boehringer Ingelheim Pharmaceuticals Inc. will pay $95 million to the federal government to resolve civil allegations that it marketed three drugs for off-label uses, promoted high doses of two drugs and paid kickbacks to health care professionals, according to a settlement agreement...

Williams Mullen: 4th Circuit Upholds Lengthy 'Stent' for Interventional Cardiologist

By John Staige Davis V Can a cardiologist be sent to prison for performing medically unnecessary stent procedures, even though he stented a considerably lower percentage of his patients than his peers? In United States v. McLean, No. 11-5130 (Apr. 23, 2013) ) [lexis.com subscribers may access the...

Johnson & Johnson, 2 Units Plead Guilty, Pay $2.2 Billion In Criminal, Civil Penalties

WASHINGTON, D.C. — (Mealey’s) Two Johnson & Johnson subsidiaries have pleaded guilty, and the parent company and two subsidiaries will pay $2.2 billion in criminal fines, civil penalties and forfeitures in one criminal and several civil cases for off-label marketing of three drugs, for...

Foley & Lardner LLP: 8th Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed

By Jacqueline N. Acosta In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for harmful off-label uses. United States ex rel. Paulos...