Litigation

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U.S. Sues Boston Scientific Over Guidant Heart Devices
Posted on 28 Jan 2011 by LexisNexis Litigation Resource Community Staff

MINNEAPOLIS - (AP) The U.S. government sued Boston Scientific Corp. on Thursday, alleging its Guidant unit knew some of its implantable heart devices were defective but continued to sell them anyway, putting patients' lives at risk. In a complaint... Read More

Obama Administration Asks Judge To Clarify Health Ruling
Posted on 18 Feb 2011 by LexisNexis Litigation Resource Community Staff

PENSACOLA, Fla. - (AP) The Justice Department asked a federal judge in Florida on Thursday to tell states that they must continue to enact the Obama administration's health care overhaul despite the judge's ruling that the law is unconstitutional... Read More

Federal Court Tosses New Hampshire Man's Health Overhaul Lawsuit
Posted on 4 Apr 2011 by LexisNexis Litigation Resource Community Staff

CONCORD, N.H. - (AP) A federal court has thrown out a New Hampshire man's lawsuit challenging the constitutionality of the government's health care overhaul, saying he lacked standing to sue because his Medicare coverage will automatically satisfy... Read More

Supreme Court Rejects Quick Review Of Health Care Law
Posted on 25 Apr 2011 by LexisNexis Litigation Resource Community Staff

ASHINGTON, D.C. - (AP) The Supreme Court rejected a call Monday from Virginia's attorney general to depart from its usual practice and put review of the health care law on a fast track. Instead, judicial review of President Barack Obama's signature... Read More

Synthes, Norian Plead Guilty, Will Pay $23.3M For Illegal Bone Cement Study
Posted on 5 Oct 2010 by Tom Moylan

PHILADELPHIA - (Mealey's) Synthes Inc. and subsidiary Norian Corp. have agreed to plead guilty to federal felony and misdemeanor counts of conducting illegal clinical studies of bone cement and will pay $23.3 million in fines, forfeiture and a civil... Read More

Johnson & Johnson, 2 Units Plead Guilty, Pay $2.2 Billion In Criminal, Civil Penalties
Posted on 4 Nov 2013 by Tom Moylan

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... Read More

Challenge To Health Care Reform Act Based On Religious Beliefs Dismissed
Posted on 23 Feb 2011 by Cheryl Keely

WASHINGTON, D.C. - (Mealey's) A District of Columbia federal judge on Feb. 22 dismissed a challenge to the Patient Protection and Affordable Care Act (PPACA), finding that Congress did not exceed its power in enacting the individual mandate provision... Read More

U.S. High Court Hears Oral Arguments In Dispute Over Taxing Severance Payments
Posted on 15 Jan 2014 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) Severance payments fall within the Federal Insurance Contributions Act’s (FICA) definition of wages and are taxable, Assistant to the Solicitor General Eric J. Feigin told the U.S. Supreme Court Jan. 14... Read More

3rd Circuit: Humana Can Sue GSK For Reimbursement For Avandia-Related Expenses
Posted on 29 Jun 2012 by Tom Moylan

PHILADELPHIA - (Mealey's) Medicare Advantage provider Humana Medical Plan Inc. is allowed under Medicare law to seek reimbursement from GlaxoSmithKline PLC (GSK) for the costs of treating insurance customers who were injured by GSK's Avandia diabetes... Read More

Foley & Lardner LLP: 8th Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed
Posted on 19 Aug 2014 by Foley & Lardner LLP

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... Read More

Williams Mullen: 4th Circuit Upholds Lengthy 'Stent' for Interventional Cardiologist
Posted on 10 Jul 2013 by Williams Mullen

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... Read More

Kos Pharmaceuticals Pays $41M For Kickbacks, Off-Label Promotion Of Cholesterol Drugs
Posted on 9 Dec 2010 by Tom Moylan

BATON ROUGE, La. - (Mealey's) The Kos Pharmaceuticals subsidiary of Abbott Laboratories Inc. on Dec. 7 entered into a deferred prosecution agreement and agreed to pay a total of $41 million in criminal penalties and False Claims Act settlement for... Read More

2 Drug Makers To Pay $214.5 Million For Off-Label Marketing Of Zonegran
Posted on 16 Dec 2010 by Tom Moylan

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... Read More