Drugs/Medical Legal News Articles & Interviews

Washington, DC Johnson & Johnson (“J&J”) has agreed to pay $120 million to the attorneys general of 46 states and Washington, D.C. to settle claims that the company made unfair and deceptive statements in the promotion of its ASR XL and Pinnacle Ultamet hip implant systems. A separate agreement is expected to resolve most of the thousands of consumer-driven defective hip implant lawsuits against J&J and its DePuy unit.

Scottsdale, AZ: Emergency room care in the US is the highest-priced care a patient can receive. Even a minor condition can set you back thousands of dollars, which in itself can cause health issues—financial problems are stressful. It can get worse: one patient dinged with outrageous emergency room overcharges later discovered that another patient with similar treatment paid a lot less.

Los Angeles, CA: When a nine-year old accidentally had gasoline splashed in her eyes, her mother immediately drove her to the closest hospital emergency room. They were directed to the eyewash station but it was so dirty they couldn’t use it, so Brianna’s mom rinsed her daughter’s eyes at a regular sink. Turns out, they would have been better off using the gas station’s eyewash, which was free. The ER sink cost $1,400: the hospital charged $600 and the ER doctor fee was $800 (for walking into the room, saying Brianna needed an eyewash station and walking out). Upcoding has become common practice, resulting in emergency room overcharges and increased health costs for everyone.

Wilmington, DE As amputees fight for insurance coverage for advanced, microprocessor- assisted prostheses, it can help to look at other insurance lawsuits that describe a similar pattern of claims denials.

Washington, DC On August 27, 2018, the Food and Drug Administration published updated press information that expands its original July 17 valsartan recall notice. Sixteen companies have now announced voluntary recalls of blood pressure and heart medications.

Washington, DC Lucky to live, unlucky to lose a foot or a leg, survivors of the Boston Marathon bombing soon found themselves facing the harsh truth of inadequate insurance coverage for their prosthetic care. Years on, the good news is that microprocessor-enhanced artificial limbs have gotten better. The bad news is that insurance companies like Anthem and United Healthcare still balk at paying for them. Insurance lawsuits since then have taken particular aim at the internal review standards insurers use to determine whether a medical treatment or device is “medically necessary.” The standards do not line up with what amputees need most and what these modern devices can really do. Cost cutting vs. good health – it’s the match of the century.

Washington, DC In July 2018, the American College of Emergency Physicians filed an insurance lawsuit against Anthem Blue Cross Blue Shield over the insurer’s new policy of denying emergency room coverage after the fact. As a subpart of the strategy, Anthem refuses claims for in-hospital CT scans and MRIs ordered in the course of emergency diagnosis and treatment. The lawsuit focuses on the harm the policy does to patients. But it also shines a light on the damage that Anthem’s plan does to hospitals and the wider healthcare system.

Bayer says it will no longer sell Essure in the U.S. due to decline in sales. Bayer doesn’t say, however, that its decision comes after the FDA threatened the drug giant with civil and criminal penalties if it didn’t warn patients about adverse Essure side effects.

Santa Clara, CA: A link between proton pump inhibitors (PPIs) and high risk of gastric cancer isn’t new, but the results of a new study conflicts with the FDA’s mandated PPI study.

Atlanta, GA: In the past month, two more Onglyza and Kombiglyze lawsuits were filed on behalf of diabetes patients who claim the manufacturer concealed information linking the diabetes drug to an increased risk of heart failure and failed to warn about its alleged potential to cause serious heart problems.