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litigation 1073 articles

Whistleblower Sues Montana Hospital over Alleged Kickback Scheme

A newly unsealed whistleblower complaint against Kalispell Regional Healthcare accuses the Montana hospital of engaging in an extensive kickback scheme that put the profits of specialist physicians and hospital executives above patient care while defrauding U.S. and Montana taxpayers. The newly unsealed suit was originally filed in September 2016 by John Mohatt, formerly the CEO of Kalispell Regional Healthcare’s physician network. An amended False Claims Act complaint was filed in May of last year and remained under seal until recently, although the U.S. Department of Justice continues to investigate the whistleblower’s allegations, Kalispell’s Flathead Beacon reports. U.S. law prohibits hospitals ... Read More

Robinson helicopters associated with post-crash fires

Robinson R44 Raven II helicopters, like the one involved in a fiery crash in Williamsburg, Virginia, earlier this week that set a 10-unit building on fire and killed two people, has a statistically higher accident rate than other helicopters and had been hit with several special airworthiness information bulletins from the Federal Aviation Administration. The R44 is one of the most popular helicopter models in the air even though it has been associated with certain mechanical issues and post-crash fires. Critics say that the helicopter that killed 91-year-old Jean Lonchak Danylko and pilot Henry E. Schwartz, shouldn’t have been in ... Read More

AbbVie testosterone case to be retried

An Illinois federal judge has ordered a retrial of the second bellwether in a multidistrict litigation alleging testosterone replacement therapy makers failed to warn about cardiovascular risks with their products. In October, plaintiff Jeffrey Konrad was awarded $140,000 in compensatory damages and $140 million in punitive damages after he blamed AbbVie’s AndroGel for causing his heart attack. But U.S. District Judge Matthew Kennelly found that the jury’s finding of strict liability clashed with Konrad’s negligence claim. At issue is the instructions given to the jury for strict liability and negligence claims, both of which required the jury to find that ... Read More

Actavis poised to settle testosterone side effects lawsuits

Actavis Inc., a pharmaceutical company named in a multidistrict litigation (MDL) alleging failure to warn of cardiovascular risks with testosterone replacement therapies, has reached a memorandum of understanding on a potential global settlement concerning its testosterone treatment Androderm. Actavis is the latest testosterone manufacturer to make a move toward exiting the MDL, following similar measures by Auxilium Pharmaceuticals LLC, Eli Lilly & Co., Endo Pharmaceuticals PLC, and GlaxoSmithKline LLC. AbbVie is the only drug company in the MDL that has yet to make an effort to resolve outstanding cases. The AndroGel manufacturer also faces the most lawsuits in the litigation. ... Read More

Babies born addicted to opioids won’t get separate track in MDL

Babies born addicted to opioids after being exposed to the drugs in their mothers’ wombs will not get a separate track in the multidistrict litigation (MDL) blaming opioid manufacturers, distributors and pharmacies of fueling the opioid epidemic, the Ohio federal judge overseeing the litigation ruled. Attorneys representing the so-called opioid babies argued in May that their clients deserved a special track in the MDL to address their special medical needs, such as long-term cognitive impairments. But U.S. District Judge Dan Aaron Polster denied the request. The complicated multidistrict litigation includes various local governments as well as Native American tribes, each ... Read More

Whistleblower Key in Recovering $8.5 Million from Tennessee Hospice Provider

A Tennessee hospice provider will pay the U.S. $8.5 million plus interest to settle a whistleblower lawsuit brought by a former nurse who claimed the company defrauding Medicare and Medicaid with false claims. The settlement resolves allegations lodged against Caris Healthcare L.P. by whistleblower Barbara Hinkle, a registered nurse who formerly worked for the hospice provider.  Ms. Hinkle sued Caris on behalf of the U.S. government under the whistleblower provisions of the False Claims Act. According to the U.S. Attorney’s Office for the Eastern District of Tennessee, which helped prosecute the case, Caris sought and admitted patients into its hospice ... Read More

U.S. Supreme Court to hear Merck appeal of Fosamax cases

The U.S. Supreme Court agreed to consider an appeal by Merck & Co. of a Third Circuit Court of Appeals ruling that revived a multidistrict litigation (MDL) involving the company’s alleged failure to warn about the risk of thigh fractures with its osteoporosis drug Fosamax. Merck and plaintiff Doris Albrecht, who is representing more than 1,000 plaintiffs in the MDL, are sparring over whether Merck can be held liable for failing to warn consumers of femoral fracture risk with Fosamax when the Food and Drug Administration (FDA) rejected the company’s bid to add a warning to the safety label of ... Read More

British women at risk for talc-related cancer

Thousands of middle-aged British women could have a deadly form of cancer caused by regular genital use of talcum powder for feminine hygiene during their teens, a U.K. attorney warned. “It’s a massive scandal and is only going to get bigger,” he told MailOnline. The solicitor referenced recent litigation in the United States where consumers have sued manufacturers of talc-containing products alleging regular and long-term of the products have caused ovarian cancer or asbestos-related mesothelioma, a rare but deadly form of cancer that affects the lining of the lungs and other internal organs. In one such case, a New Jersey ... Read More

Endo agrees to settle 400+ testosterone side effects lawsuits

Endo International has reached a “master settlement agreement” to resolve “all known” cases accusing the company of overstating the benefits of its testosterone replacement therapy and failing to warn men that use of the drug increases the risk for heart attacks, strokes and blood clots. Endo faces about 1,300 testosterone lawsuits, about 900 of which are pending in a federal multidistrict litigation in the Northern District of Illinois against Endo and several other testosterone manufacturers. Other testosterone cases are pending in the Philadelphia County Court of Common Pleas and other states. In February, Endo announced a tentative settlement agreement and ... Read More

Invokana sales fall after amputation warnings

When the Food and Drug Administration (FDA) announced in March 2017 that it was requiring Johnson & Johnson and its subsidiary Janssen Pharmaceuticals to add a boxed warning – the strongest warning required by the FDA – to the labels of its type 2 diabetes medication Invokana regarding an increased risk of amputations in users, some doctors and hospital-affiliated medical groups rushed to take patients off the drug. Amputation is already a risk for diabetics. Why worsen the odds? The FDA Safety Communication informed consumers that leg and foot amputations occurred about twice as often in patients taking Invokana than ... Read More