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Judge sentences former WellCare top lawyer on false statements charge
A federal judge in Tampa has sentenced the former general counsel of WellCare Health Plans Inc. to six months in prison for making a false statement to the Florida Medicaid program. Thaddeus Bereday pleaded guilty in June, closing a chapter in a case that transformed WellCare (NYSE: WCG), the third-largest publicly traded company headquartered in Tampa Bay. Bereday was one of five former WellCare executives indicted in 2011, in what federal prosecutors said was a scheme to s ubmit inflated cost… (Source: bizjournals.com Health Care News Headlines)
Source: bizjournals.com Health Care News Headlines - November 22, 2017 Category: Health Management Authors: Margie Manning Source Type: news

Judge sentences former WellCare top lawyer on false statements charge
A federal judge in Tampa has sentenced the former general counsel of WellCare Health Plans Inc. to six months in prison for making a false statement to the Florida Medicaid program. Thaddeus Bereday pleaded guilty in June, closing a chapter in a case that transformed WellCare (NYSE: WCG), the third-largest publicly traded company headquartered in Tampa Bay. Bereday was one of five former WellCare executives indicted in 2011, in what federal prosecutors said was a scheme to s ubmit inflated cost… (Source: bizjournals.com Health Care:Biotechnology headlines)
Source: bizjournals.com Health Care:Biotechnology headlines - November 22, 2017 Category: Biotechnology Authors: Margie Manning Source Type: news

Panel Reverses, Remands To Adjust $1.15B Verdict In California Lead Paint Case
SAN FRANCISCO - A California appeals panel on Nov. 14 reversed and remanded a $1.15 billion verdict against the former makers of lead paint in a public nuisance lawsuit brought by the state of California, concluding that "substantial evidences does not support causation as to residences built after 1950." Upon remand, the panel directed the trial court to recalculate the amount of the award to limit it to the amount necessary to cover the cost of remediating pre-1951 homes (The People v. ConAgra Grocery Products Company, et al., No. H040880, Calif. App., 6th Dist.). (Source: LexisNexis® Mealey's™ Emergi...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

Monsanto, Farm Groups Sue California Agency For Listing Glyphosate As Carcinogenic
SACRAMENTO, Calif. - Monsanto Co. and numerous agricultural trade groups on Nov. 15 filed a lawsuit in California federal court against two state agencies and their directors, seeking declaratory and injunctive relief to prevent them from "mandating false, misleading, and highly controversial cancer warnings concerning the herbicide glyphosate" (National Association of Wheat Growers, et al. v. Lauren Zeise, et al., No. 17-at-1224, E.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

Monsanto: Glyphosate Cancer Evidence Is 'Unreliable,' Constitutes 'Junk Science'
SAN FRANCISCO - Monsanto Co. on Nov. 10 filed a brief in the multidistrict litigation for the herbicide Roundup in California federal court, arguing that the evidence offered by the plaintiffs' expert concerning the carcinogenic properties of Roundup's active ingredient glyphosate is "unreliable" and constitutes "junk science" (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

Flint Water Defendants: Involuntary Manslaughter Charges Are Inaccurate
DETROIT - Two employees of the Michigan Department of Environmental Quality (MDEQ) on Nov. 10 moved in Michigan federal court to strike portions of an amended complaint filed by residents of the city of Flint, Mich., contending that the plaintiffs "inaccurately allege that Defendants have been charged with involuntary manslaughter" in connection with the lead-contaminated water crisis in that city (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

Judge Orders Evidentiary Hearing In Groundwater Contamination Lawsuit
ASHEVILLE, N.C. - A federal judge in North Carolina on Nov. 6 ordered a hearing on evidentiary issues in a groundwater contamination lawsuit, as a North Carolina resident and the company he contends dumped toxic chemicals in his water supply continue to debate what evidence is admissible in the case (Kent Stahle v. CTS Corporation, No. 14-48, W.D. N.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

Panel Grants Company's Motion To Change Venue In Chemical Injury Case
SAN FRANCISCO - A California appellate panel on Nov. 6 vacated a trial court's decision and ruled that a lawsuit filed by an environmental advocacy organization against Dow Agrosciences LLC related to alleged exposure to chemicals that cause cancer should be moved to a different venue, as requested by the company (Dow Agrosciences LLC v. The Superior Court of Alameda County, No. A150854, Calif. App., 1st Dist., Div. 4). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

Groups Seek Ruling That EPA Must Grant Or Deny Permit Petitions By March 1, 2018
WASHINGTON, D.C. - Environmental advocacy groups on Nov. 3 filed a brief in District of Columbia federal court seeking summary judgment and a declaration that the administrator of the Environmental Protection Agency has violated federal law by failing to perform his "nondiscretionary duty to grant or deny" the groups' petitions, which challenge approval of a permit for a petrochemical manufacturing facility operated by ExxonMobil (Environmental Integrity Project, et al. v. Scott Pruitt, No. 17-1439, D. D.C.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

Parties Send Letters To Judge Arguing Standing In Tainted Groundwater Lawsuit
TRENTON, N.J. - NL Industries Inc. on Nov. 14 sent a letter to the New Jersey federal judge presiding over a groundwater contamination lawsuit, contending that the plaintiffs' argument that a ruling from the Ninth Circuit U.S. Court of Appeals is relevant to the case at hand is "clearly distinguishable from the present case and has little relevance" (Raritan Baykeeper Inc., et al. v. NL Industries Inc., et al., No. 09-4117, D. N.J.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

Judge Remands Groundwater Case; Defendants Failed To Show Fraudulent Joinder
BIRMINGHAM, Ala. - A federal judge in Alabama on Nov. 7 remanded a groundwater contamination lawsuit to Alabama state court, ruling that it lacked jurisdiction over the case and finding that the defendants failed to demonstrate that the plaintiff fraudulently joined a local defendant (The Waters Works and Sewer Board of the Town of Centre v. 3M Company, et al., No. 17-1026, N.D. Ala.; 2017 U.S. Dist. LEXIS 184161). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

Class Certification Not 'Ripe' For Decision In Drinking Water Case, Judge Says
FORT WAYNE, Ind. - A federal judge in Indiana on Nov. 16 ruled that a group of plaintiffs asserting claims of personal injury from exposure to trichloroethylene (TCE), vinyl chloride, benzene and other chemicals is not entitled to class certification (Opal Millman v. United Technologies Corporation, et al., No. 16-312, N.D. Ind.; 2017 U.S. Dist. LEXIS 189638). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

MTBE MDL Judge Recommends Remanding Water District's Suit To California Court
NEW YORK - The federal judge in New York presiding over litigation stemming from groundwater contamination caused by the gasoline additive methyl tertiary butyl ether (MTBE) on Nov. 13 recommended remanding the Orange County Water District's (OCWD) lawsuit to California federal court, finding that all consolidated pretrial proceedings in the suit have been completed (In re: Methyl Tertiary Butyl Ether (MTBE) Products liability Litigation, MDL 1358, Orange County Water District v. Unocal, et al., No. 04 Civ. 4968, S.D. N.Y., 2017 U.S. Dist. LEXIS 187458). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

New York Investigation Reveals Housing Authority Falsified Lead-Hazard Reports
NEW YORK - The New York Department of Investigation (DOI) on Nov. 15 issued a report indicating that the New York City Housing Authority (NYCHA) failed to conduct mandatory safety inspections for lead paint during a four-year period beginning in 2013 but falsified reports to the U.S. Department of Housing and Urban Development stating that the NYCHA was in compliance with federal laws pertaining to those inspections. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 21, 2017 Category: Medical Law Source Type: news

November 20, 2017:Queensbury Oncologist and Office Manager Plead Guilty in Connection with Administering Unapproved Drugs
(Source: Office of Criminal Investigations (OCI) Press Releases)
Source: Office of Criminal Investigations (OCI) Press Releases - November 21, 2017 Category: Medical Law Source Type: news

Lawsuits Filed in Vegas Shooting
LAS VEGAS (AP) — Attorneys who filed one of the first lawsuits after the Oct. 1 mass shooting that killed 58 concert-goers and left hundreds injured on the Las Vegas Strip filed four new negligence cases Monday on behalf of more than 450 victims. This time, however, Houston-based lawyers Chad Pinkerton and Mo Aziz filed the cases in Los Angeles against companies including MGM Resorts International, the corporate owner of both the Mandalay Bay resort and the Route 91 Harvest Festival concert venue. Pinkerton said the intent was to get the cases before a jury less likely to be influenced by the size and clout of a casi...
Source: JEMS: Journal of Emergency Medical Services News - November 21, 2017 Category: Emergency Medicine Authors: Ken Ritter, Associated Press Tags: Major Incidents News Mass Casualty Incidents Source Type: news

November 16, 2017: Palmer Man Pleads Guilty to Conspiring to Import Prescription Drugs from Pakistan
(Source: Office of Criminal Investigations (OCI) Press Releases)
Source: Office of Criminal Investigations (OCI) Press Releases - November 21, 2017 Category: Medical Law Source Type: news

November 7, 2017: Federal Jury Convicts Lake Charles Veterinarian, Pharmacy in Race Horse Doping Conspiracy
(Source: Office of Criminal Investigations (OCI) Press Releases)
Source: Office of Criminal Investigations (OCI) Press Releases - November 20, 2017 Category: Medical Law Source Type: news

Sutter destroyed boxes of crucial evidence in antitrust suit, judge says
Health care giant Sutter Health intentionally destroyed nearly 200 boxes of crucial evidence sought by lawyers in an antitrust lawsuit, a San Francisco County Superior Court judge ruled. Judge Curtis E.A. Karnow said in the ruling that Sutter intentionally destroyed 192 boxes of evidence that unions and employers had sought as part of a lawsuit alleging that the health care company had inflated prices or exploited its market power. Karnow wrote in the opinion that Sutter had destr oyed the material… (Source: bizjournals.com Health Care:Pharmaceuticals headlines)
Source: bizjournals.com Health Care:Pharmaceuticals headlines - November 20, 2017 Category: Pharmaceuticals Authors: Riley McDermid Source Type: news

J & J ’ s DePuy Ortho faces $247m ruling in Pinnacle bellwether trial
A Dallas federal jury this week ruled that Johnson & Johnson (NYSE:JNJ) and its DePuy Orthopaedics must pay $247 million to six patients claiming to be injured by its Pinnacle metal-on-metal hip implants, according to a Reuters report. The jury ruled that the controversial metal-on-metal hip implants were defectively designed and that patients did not receive appropriate warning about the risks associated with them, according to the report. The six plaintiffs and patients in the case claim that after implantation, the devices led to injuries including tissue death, bone erosion and other negative health effects, a...
Source: Mass Device - November 17, 2017 Category: Medical Devices Authors: Fink Densford Tags: Legal News Orthopedics depuysynthes johnsonandjohnson Source Type: news

Families and the juvenile justice system: considerations for family-based interventions - Amani B, Milburn NG, Lopez S, Young-Brinn A, Castro L, Lee A, Bath E.
We conducted focus groups with defense lawyers, clinicians, and education advocates to gather their perspectives on families' experiences with the juvenile justice system. Our quantitative descriptive analysis identified a range of themes such as discussio... (Source: SafetyLit)
Source: SafetyLit - November 16, 2017 Category: International Medicine & Public Health Tags: Age: Adolescents Source Type: news

The Latest: Lawyer: Condemned inmate is glad to be alive
Lawyer: Condemned inmate says he is 'glad to be alive' on 'a day he'll never forget' after failed execution (Source: ABC News: Health)
Source: ABC News: Health - November 15, 2017 Category: Consumer Health News Tags: Health Source Type: news

Sandy Hook gun lawsuit gets its day in Connecticut Supreme Court
Lawyers representing the families of the Sandy Hook school shooting victims had another chance to say why they believe gun companies should be held accountable in Connecticut Supreme Court on Tuesday, a month shy of the fifth anniversary of the shooting that killed 26 people, 20 of them children. (Source: CNN.com - Health)
Source: CNN.com - Health - November 14, 2017 Category: Consumer Health News Source Type: news

Phoney Lawsuits: How To Sue Your Way Out Of College Debt
Former students still saddled with college loans were urged by lawyers and debt-relief companies to stop making payments because filing a lawsuit was an easier way to get out of debt, according to racketeering allegations against two law firms. (Source: Forbes.com Healthcare News)
Source: Forbes.com Healthcare News - November 14, 2017 Category: Pharmaceuticals Authors: Legal Newsline, Contributor Source Type: news

N.Y. Federal Judge Says Disability Claimant's Request Was Properly Denied
NEW YORK - A New York federal judge on Oct. 12 overruled a disability claimant's objections to a magistrate judge's order denying the claimant's request for statistical information on claim acceptance rates by a disability insurer after determining that the requested statistics do not directly relate to the disability claim at issue (Cherylle McFarlane v. First Unum Life Insurance Co., No. 16-7806, S.D. N.Y., 2017 U.S. Dist. LEXIS 169052). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Denial Of Appellate Attorney Fees In Disability Dispute Was An Abuse Of Discretion
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Oct. 31 reversed a district court's denial of attorney fees to a disability plan acting on behalf the plan participant after determining that the plan is entitled to collect the attorney fees it incurred as result of the disability insurer's appeal and that the district court's denial of attorney fees was an abuse of discretion (John Paul Micha M.D., v. Sun Life Assurance Of Canada, Inc., No. 16-55053, 9th Cir., 2017 U.S. App. LEXIS 21800). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Montana Federal Judge Awards Disability Claimant Attorney Fees
BILLINGS, Mont. - A Montana federal judge on Oct. 23 granted a disability claimant's motion for more than $28,000 in attorney fees because the claimant prevailed on her claim for disability benefits and the disability insurer failed to file a response to the claimant's motion (Theresa Sand-Smith v. Liberty Life Assurance Company of Boston, No. 17-0004, D. Mont., 2017 U.S. Dist. LEXIS 175177). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Claimant Permitted To Conduct Discovery Outside Of Administrative Record
WICHITA, Kan. - A disability claimant is permitted to conduct limited discovery outside of the administrative record, a Kansas federal magistrate judge said Oct. 10 after determining that the claimant met her burden of showing that "some limited extra-record discovery" is relevant and appropriate as it applies to the defendant's dual role of plan insurer and plan administrator (Karen A. Baty v. Metropolitan Life Insurance Co., 17-1200, D. Kan., 2017 U.S. Dist. LEXIS 171014). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Washington Federal Judge Denies Disability Claimant's Motion To Supplement Record
SEATTLE - A Washington federal judge on Nov. 8 denied a disability claimant's motion to supplement the administrative record with a disability benefits decision made by the Social Security Administration because the claimant failed to establish the existence of any exceptional circumstances to warrant supplementing the record (Kristen Reetz v. Hartford Life and Accident Insurance Co., No. 17-84, W.D. Wash., 2017 U.S. Dist. LEXIS 185362). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Claimant's Amended Complaint Dismissed; Claims Not Timely, Judge Says
MIAMI - A Florida federal judge on Oct. 30 dismissed a disability claimant's amended complaint after determining that the claims alleged against the disability insurer are barred by Florida's applicable statutes of limitations (Victor Gonzalez-Guzman v. Metropolitan Life Insurance Co., No. 17-20107, S.D. Fla., 2017 U.S. Dist. LEXIS 179259). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Ohio Federal Judge Dismisses Breach Of Fiduciary Duty Claim In Disability Benefits Suit
COLUMBUS, Ohio - An Ohio federal judge on Oct. 10 dismissed a claim for breach of fiduciary duty alleged against a disability insurer because the same equitable relief sought by the disability claimant can be obtained if the claimant prevails on his claim seeking recovery of disability benefits (Edward Osborn Sr. v. Principal Life Insurance Co., No. 17-329, S.D. Ohio, 2017 U.S. Dist. LEXIS 166877). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Missouri Federal Judge Dismisses Disability Suit On Preemption Basis
CAPE GIRARDEAU, Mo. - A Missouri federal judge on Nov. 3 granted a disability insurer's motion to dismiss a claimant's suit alleging that the insurer acted in bad faith in denying a claim for disability benefits because the claimant's state law claims are preempted by the Employee Retirement Income Security Act and the claimant alleged no ERISA claims that can withstand dismissal (Patricia Carmack v. Liberty Life Assurance Company of Boston, No. 17-121, E.D. Mo., 2017 U.S. Dist. LEXIS 182319). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Insurer Erred In Applying Pre-Existing Condition Exclusion
FLINT, Mich. - A Michigan federal judge on Nov. 2 granted judgment in favor of a disability claimant after rejecting the disability insurer's argument that the plan's pre-existing condition exclusion barred coverage for the claimant's disability (Cheryl L. Wallace v. Beaumont Healthcare Employee Welfare Benefit Plan, et al., No. 16-10625, E.D. Mich., 2017 U.S. Dist. LEXIS 182028). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Insurer Erred In Determining Claimant's Date Of Disability, Panel Says
ATLANTA - A disability insurer acted arbitrarily and capriciously in determining the date of a claimant's disability, the 10th Circuit U.S. Court of Appeals said Oct. 17 in reversing a district court's judgment in favor of the insurer (Greggory B. Owings v. United Of Omaha Life Insurance Co., No. 16-3128, 10th Cir., 2017 U.S. App. LEXIS 20228). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Claimant Properly Exhausted Administrative Remedies, Federal Judge Says
PEORIA, Ill. - An Illinois federal judge on Oct. 10 denied a motion to dismiss a complaint alleging wrongful denial of disability benefits after determining that the claimant exhausted her administrative remedies by submitting additional medical evidence in response to the disability insurer's denial of her claim (Sherry Meyer v. Group Long Term Disability Plan for Employees of Edward D. Jones& Co. L.P., et al., No. 16-1282, C.D. Ill., 2017 U.S. Dist. LEXIS 166947). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Federal Judge Dismisses Breach Of Fiduciary Claim Based On Misrepresentation
SCRANTON, Pa. - A Pennsylvania federal judge on Oct. 27 reiterated that a section of Pennsylvania's motor vehicle statute "regulates insurance" and is therefore saved from preemption under the Employee Retirement Income Security Act but said that the plaintiffs' claim for breach of fiduciary duty based on a disability insurer's misrepresentations must be dismissed because it is not clear that the insurer misrepresented the terms of the plan at issue (Eric Yost, et al. v. Anthem Life Insurance Co., No. 3:16-cv-00079, M.D. Pa.; 2017 U.S. Dist. LEXIS 178883). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Claimant's Suit Dismissed After Failure To File Amended Complaint
PHILADELPHIA - A Pennsylvania federal judge on Oct. 31 dismissed a disability claimant's suit because the claimant failed to file an amended complaint pursuant to the court's prior order and because the claimant has not communicated with the court in nine months (Albert Yerke v. Aetna, No. 16-06512, E.D. Pa., 2017 U.S. Dist. LEXIS 179958). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Claimant Must File Proposed Amendment, Tennessee Federal Judge Says
MEMPHIS, Tenn. - A disability claimant alleging that her long-term benefits were wrongfully terminated must provide the details of a proposed amendment to a complaint before a ruling can be made on whether the claimant is entitled to file an amended complaint, a Tennessee federal judge said Oct. 18 in reserving a ruling on the motion (Patricia Bradshaw v. Principal Financial Group, et al., No. 17-2174, W.D. Tenn., 2017 U.S. Dist. LEXIS 172072). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

California Federal Judge Allows Disability Claimant's Amended Complaint On ERISA Claim
SAN FRANCISCO - A disability claimant is permitted to amend a complaint against a disability plan but only as it pertains a wrongful denial of benefits claim alleged under the Employee Retirement Income Security Act, a California federal judge said Oct. 19 (Vanmark Strickland v. AT&T West Disability Benefits Program, No. 17-1393, N.D. Calif., 2017 U.S. Dist. LEXIS 174357). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Claimant Failed To Provide Objective Medical Evidence To Support Claim
CINCINNATI - A disability plan administrator did not act arbitrarily or capriciously in denying a plan participant's claims for short-term disability benefits because the participant failed to provide objective medical evidence supporting the disability, the Sixth Circuit U.S. Court of Appeals said Oct. 10 (Rebecca Filthaut v. AT&T Midwest Disability Benefit Plan et al., No. 16-2707, 6th Cir., 2017 U.S. App. LEXIS 19882). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Termination Of Disability Benefits Was Arbitrary And Capricious, Federal Judge Says
NEWARK, N.J. - A disability insurer's termination of long-term disability benefits after approving the claimant's benefits for seven years was arbitrary and capricious because the insurer failed to properly define the material duties of the claimant's occupation and because the evidence does not support the insurer's termination, a New Jersey federal judge said Oct. 23 (Christopher Patterson v. Aetna Life Insurance Co., No. 15-8156, D. N.J., 2017 U.S. Dist. LEXIS 175543). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Insurer Did Not Act In Bad Faith In Failing To Pay Disability Claim
MOBILE, Ala. - A disability insurer did not act in bad faith in investigating and in failing to pay a disability claim because the insurer conducted an extensive investigation into the claim and had an arguable and debatable reason for denying the claim, an Alabama federal judge said Oct. 24 in granting the insurer's motion for summary judgment (Scott R. Weisberg, M.D., v. Guardian Life Insurance Company of America et al., No. 16-568, N.D. Ala., 2017 U.S. Dist. LEXIS 176021). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Former Eli Lilly Executive Is Trump ’ s Choice for Health Secretary
Alex M. Azar II, a lawyer, was also a health official in the George W. Bush administration (Source: NYT Health)
Source: NYT Health - November 14, 2017 Category: Consumer Health News Authors: MICHAEL D. SHEAR Tags: Appointments and Executive Changes United States Politics and Government Trump, Donald J Alex Azar Health and Human Services Department Source Type: news

Morehead Memorial's fate still undecided as hearing adjourned after 3 hours of testimony
They came in scrubs, one having just finished a 12-hour night shift in the emergency department. Others wore blue Morehead Memorial t-shirts; some had large, round “I trust Morehead” stickers — all were community members, many employees, showing support for the Eden hospital.  There were more than 55 of them, and when coupled with the numerous lawyers and journalists present, the courtroom was standing-room-only, buzzing with anticipation as they waite d to hear if a bankruptcy judge would… (Source: bizjournals.com Health Care:Physician Practices headlines)
Source: bizjournals.com Health Care:Physician Practices headlines - November 8, 2017 Category: American Health Authors: Jessica Seaman Source Type: news

Morehead Memorial's fate still undecided as hearing adjourned after 3 hours of testimony
They came in scrubs, one having just finished a 12-hour night shift in the emergency department. Others wore blue Morehead Memorial t-shirts; some had large, round “I trust Morehead” stickers — all were community members, many employees, showing support for the Eden hospital.  There were more than 55 of them, and when coupled with the numerous lawyers and journalists present, the courtroom was standing-room-only, buzzing with anticipation as they waite d to hear if a bankruptcy judge would… (Source: bizjournals.com Health Care:Biotechnology headlines)
Source: bizjournals.com Health Care:Biotechnology headlines - November 8, 2017 Category: Biotechnology Authors: Jessica Seaman Source Type: news

When Strategies Go Awry: Part I In A Series On Cognitive Biases And Their Impact
By Laura A. Frase We make decisions every day. With simple questions, we normally rely upon intuition, feelings, instincts or automatic reactions to make a decision (ex: do I turn left or right?). Our brains make thousands, if not millions, of these types of decisions, with seemingly little effort or analysis. "Judgment pervades human experience."1 These intellectual shortcuts save time, take less effort and allow us to choose quickly. We do not take the time, for example, to decide which foot to put forward when we walk; we decide automatically or on "gut instinct". If we fully analyzed every simple de...
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - November 8, 2017 Category: Medical Law Source Type: news

Lawyer tells court student suicide was MIT's fault
BOSTON (Reuters) - A lawyer for the father of a Massachusetts Institute of Technology Ph.D. candidate who killed himself on campus argued in Massachusetts' highest court on Tuesday that universities could be held responsible when students commit suicide on their premises. (Source: Reuters: Health)
Source: Reuters: Health - November 7, 2017 Category: Consumer Health News Tags: healthNews Source Type: news

Chicago Whistleblower Lawyer Spotlights Federal Agencies ’ Key Role in...
Government agency lawyers and investigators recently turned the tables by giving tips to whistleblowers and their lawyers about how best to assist the government in prosecuting fraud. The advice was...(PRWeb November 07, 2017)Read the full story at http://www.prweb.com/releases/2017/11/prweb14884506.htm (Source: PRWeb: Medical Pharmaceuticals)
Source: PRWeb: Medical Pharmaceuticals - November 7, 2017 Category: Pharmaceuticals Source Type: news

November 3, 2017: Vero Beach Orthopedic Surgeon Charged in Drug Conspiracy Resulting in Death
(Source: Office of Criminal Investigations (OCI) Press Releases)
Source: Office of Criminal Investigations (OCI) Press Releases - November 6, 2017 Category: Medical Law Source Type: news

November 3, 2017: Five Charged in Alleged Opioid Prescription, Healthcare Fraud Scheme
(Source: Office of Criminal Investigations (OCI) Press Releases)
Source: Office of Criminal Investigations (OCI) Press Releases - November 6, 2017 Category: Medical Law Source Type: news