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Health Law Litigation


In-depth looks into topics relevant to you. Find all of the Health Law Litigation Committee’s articles in this archive.


Preparing for a Post-Dobbs America: Racial Disparities in Maternal Outcomes
By Jessica Longoria – July 26, 2022
A multidisciplinary approach that recognizes and corrects shortfalls in federal, state, and hospital policies is the best approach moving forward.


Pill Mills: Administrative Law to the Rescue
By Karen McKenzie – July 6, 2020
Administrative law is a particularly effective remedy for addressing the opioid crisis.

Physicians Convicted for Patient Deaths from Opioid Overdoses
By Leonard M. Rosenberg and Nicholas M. Summo – July 6, 2020
Physicians whose patients die from opioid abuse may face criminal liability.

Tips from an Arbitrator: Getting Off to a Good Start
By Patricia A. Nolan – July 6, 2020
Arbitration requires strategic planning to manage the process?and the arbitrators.

American Bar Association House of Delegate Updates: Summer 2020
By Grant Killoran – July 6, 2020
The House considered over 30 resolutions, including several that may be of interest to healthcare lawyers.

Litigating Data-Hungry Machine Learning
By Benjamin Yeager and Gary Marchant – March 12, 2020
Machine learning in medicine is pushing the boundaries of current privacy and consumer protection laws and regulations.

State Medical Lien Statutes Open Door to Discovering Hospital Reimbursement Rates
By Catherine A. Green – March 12, 2020
Filing medical liens may subject their reimbursement rates to discovery.

Antidiscrimination Litigation in Transition-Related Health Care
By Chris B. Keeler – March 12, 2020
Trans advocates have been attempting to protect the trans community through the consistent implementation of Title IX and Title VII and section 1557 of the ACA.

American Bar Association House of Delegates Update: Winter 2020
By Grant Killoran – March 12, 2020
The House considered a number of resolutions that may interest healthcare lawyers.


Telehealth Update
By René Quashie – October 17, 2017
A National Quality Forum final report analyzes the best way to ensure that clinical measures are appropriately applied to telehealth and proposes a measurement framework.

Florida Medical Malpractice Claims: Elimination of Noneconomic Damages Caps
By James Bush and James Edgar – October 17, 2017
Independent reevaluation involving reweighing of legislative findings is a rare endeavor for the Florida Supreme Court.

Wisconsin Court Finds Medical Malpractice Damages Cap Unconstitutional
By Jason Meehan – October 17, 2017
Reducing damages awards only for the most severely injured victims of medical malpractice denies that class of persons equal protection.

Malnutrition: Legal Issues
By Heidi J. Silver – October 17, 2017
An overview of the basics of malnutrition and its consequences as well as some legal responses to this problem.

American Bar Association House of Delegates Update: Fall 2017
By Grant C. Killoran – October 17, 2017
The latest from the ABA Midyear and Annual Meetings.

What to Do When Doctors Can’t Heal Themselves
By Aaron Krauss – March 28, 2017
So what do you tell a doctor who comes to you for advice when the business aspects of his or her practice have failed?

BYOD: Practices and Policies to Promote Preservation
By Margaret Ong’ele – March 28, 2017
Opting not to issue cell phones to employees may end up being costlier in the long run.

Language Services: The Need for Trained Medical Interpreters and Translators
By Hanna Kim – March 28, 2017
Patients with limited medical literacy are not a novel issue, but, ironically, the problem has worsened since the enactment of the ACA.

American Bar Association House of Delegates Update: Spring 2017
By Grant C. Killoran – March 28, 2017
The House recently tackled about 30 different resolutions, including some that will undoubtedly be of interest to healthcare litigators and young lawyers.

The Indian Child Welfare Act and the Need for Reform
By Hanna Kim – March 28, 2017
Poor health conditions on tribal land have been an ongoing and tragic issue for decades.


The Yates Memo and Big Pharma: Individual Prosecutions for Corporate Misconduct
By Dustin Aponte, Dr. Saul Helman, and Jennifer Mitchell – September 12, 2016
The Yates Memo sends an unmistakable message to corporate decision makers.

American Bar Association House of Delegates Update: Summer 2016
By Grant C. Killoran – September 12, 2016
At the Midyear Meeting, the ABA House of Delegates approved a number of reports featuring policy initiatives proposed by the Section of Litigation and the Health Care Section.

Vanessa's Law: Health Canada's Policy Shift Toward Transparency
By Sarah E. Whitmore – September 12, 2016
Vanessa's Law is a policy shift toward transparency that has significant implications for the health industry, particularly drug and medical device manufacturers.

Recent Developments in Traumatic Brain Injury Litigation
By Francis H. "Rasch" Brown III – September 12, 2016
TBI-associated cases number in the millions. TBI settlement payouts number in the millions, too.

Timeshare Arrangements Exception to Stark Law Offers Opportunities in Rural/Underserved Communities
By Roger R. Clayton, Greg Rastatter, J. Tyler Robinson, and Amee Lakhani – September 12, 2016
Timeshare arrangements can facilitate part-time or periodic access to physicians who otherwise could not maintain a full-time practice in the community.

The Emergence of Ransomware as a Threat to Healthcare Providers
By Adam B. Peck and Eric W. Shannon – June 27, 2016
Hospitals have been a frequent and well-publicized target of ransomware attacks.

What Healthcare Litigators Can Learn from FTC's Recent Challenges to Provider Mergers
By Andrew Kasper – April 29, 2016
A look at the FTC's four most recent challenges to healthcare mergers.

An Industry Crash Course for the Aspiring Healthcare Litigator
By Eric W. Shannon – February 25, 2016
Junior litigators often assume that, to become a healthcare practitioner, they must have a strong understanding of the many facets and intricacies of the healthcare industry from day one. This is not true.

It's the Hard-Knock Life: The Rough-and-Tumble over Orphan Drug Pricing
By Mark P. Goodman, Maura K. Monaghan, Kristin D. Kiehn, Jacob W. Stahl, and Kaitlin T. Farrell – January 12, 2016
Constituencies that disagree with regulations issued by HHS are likely to have more opportunities to challenge their validity.

Speedy Returns: The 60-Day Rule
By Maura K. Monaghan, Kristin D. Kiehn, Jacob W. Stahl, and Young-Hee Kim – January 12, 2016
The first and only court decision on the "60-Day Rule" highlights the importance of quickly identifying and repaying Medicare/Medicaid overpayments.

On the Clock: Failure to Timely Refund Overpayments Leads to FCA Exposure
By Anna Grizzle, Brian Roark, and Julia Tamulis – January 12, 2016
The silence breaks over section 6402(d) of the PPACA.

American Bar Association House of Delegates Update: Winter 2016
By Grant Killoran – January 12, 2016
At the ABA Annual Meeting, the House considered a number of recommendations, including some that may be of interest to healthcare litigators and young lawyers.


Advising Long-Term-Care Clients: Ten Tips to Lower Litigation Costs
By Christy T. Crider – April 14, 2015
The reality of caring for our elderly in today's litigation climate is that eventually your client's long-term-care facility will be sued.

2014 Healthcare False Claims Act Developments
By Georgia Pham – April 14, 2015
Unique applications of federal fraud and abuse laws and a growing circuit split.

The Constitutional Framework for Public Health Responses to Disease Outbreaks
By Christa D. Wittenberg – April 14, 2015
The proper role of the government in responding to public health threats has been much debated in recent months.

American Bar Association House of Delegates Update: Spring 2015
By Grant Killoran – April 14, 2015
The House of Delegates adopted recommendations that may be of interest to healthcare litigators.


The ACA's Muddled Application of the FCA to Health-Insurance Exchanges
By Christopher R.J. Pace – December 9, 2014
An example of the ACA's rushed enactment and poor drafting is a new section that purports to apply the False Claims Act to health-insurance exchanges.

Emerging Litigation Threats for Physician Relationships in a Post-ACA World
By Emre N. Ilter and Thomas A. Ryan – December 9, 2014
Healthcare providers have historically not viewed physicians as likely whistleblowers, but that is changing.

The Growing Threat of Qui Tam Litigation Against Healthcare Providers
By Amandeep S. Sidhu – December 9, 2014
The ACA ushered in four changes that are favorable to relators and could add risk exposure to providers.

Developments in Establishing and Preserving Privilege
By Kaitlin Harvie and Matthew M. Curley – December 9, 2014
Several recent decisions serve as cautionary tales.

Navigating the Uncertain World of Off-Label Promotion
By Wendy Weiss and Dustin Aponte – October 3, 2014
Recent developments have questioned the scope of the First Amendment's right of free speech.

Opening Pandora's Box: The Open Payments Reporting Requirements
By Christian Dingler and Jack Tanselle– June 19, 2014
Techniques to help ensure that the submission of Phase 2 transactions is as timely, complete, and accurate as possible.

ACA Preemption and How a Missouri Order Will Impact Health Litigation
By John W. Polonis – June 19, 2014
The ruling may cause state legislators to act cautiously before considering laws designed to obstruct implementation of the ACA.


Fighting Medicare Fraud under the False Claims Act
By Lauren Perkins Allen – July 18, 2013
qui tam action under the FCA effectively thwarts those who commit Medicare fraud.

Recent Considerations in Life-Sciences Sales Training
By Dylan J. Steinberg – July 18, 2013
Two appellate decisions have changed how companies ought to approach their sales-training programs.

HIPAA Rule Updated for the First Time since Inception
By Sachin Shah – July 18, 2013
Patients gain control while negligent providers get stiffer penalties.

The Updated Provider SDP: To Disclose or Not to Disclose?
By Ardith Bronson and Pravin Patel – July 18, 2013
A provider should engage counsel early on to perform an appropriate risk-benefit analysis before making any disclosures to the OIG.


Affordable Care Act's Impact on Life Sciences
By Matthew P. Amodeo, Jennifer R. Breuer, Anna Schwamlein Howard, and Robyn S. Shapiro – October 11, 2012
The Supreme Court’s Patient Protection and Affordable Care Act decision will have a positive effect on the life sciences industry, but may cost the manufacturing sector billions over the next decade.

The Rise of Government Action Against the Individual
By Christine C. Levin and Evan W. Davis – October 11, 2012
An increase in enforcement action against individual defendants may put people—and not the companies they represent—in expanding government crosshairs.

Recent Developments in Recovery Audit Contracting
By Nicholas M. Hudalla, Kelly McCloskey Cherf, and Limo T. Cherian – October 11, 2012
An update on new programs from the Centers for Medicare and Medicaid Services shows how agencies hope to recover over $1 billion in overpayment funds from health care providers.

Jumping Through Hoops: HIPAA Obstacles to Medical Research
By Sachin Shah – October 11, 2012
As billions of dollars are spent on medical research annually, obstacles presented by HIPAA—and possible solutions—must be examined in greater detail.

Legal Life Sciences Tips and Trends
By Lauren Silvis and Sara Beardsley – October 11, 2012
Health care reform, court decisions, and shifts in the industry have created a new climate for life sciences companies, which will need a wide range of tools to address this new environment.

Health Care in the High Court
By Nabilah Irshad – March 27, 2012
The Supreme Court is hearing oral arguments concerning one of the most contentious pieces of legislation this election cycle: The Patient Protection and Affordable Care Act.

The Federal Health-Care Act Heads to the Supreme Court
By Norayr Zurabyan – March 6, 2012
The U.S. Supreme Court has granted certiorari to hear the Patient Protection and Affordable Care Act case from the Eleventh Circuit, amid presidential elections.


Violations of Payment/Participation Conditions as Predicates for False Claims
By Katherine A. Lauer, Jason M. Ohta, and Amy E. Hargreaves – Spring/Summer 2011
The distinction between a condition of payment and a condition of participation should continue to be particularly significant in FCA actions.