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  • Essure’s Shelf Life in the US Soon to Expire
    Jul-24-18 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 . The FDA and Essure The FDA in April 2018 issued an order to restrict sales and d...
  • Valsartan Recall Lawsuits Filed over Alleged Carcinogenic Contaminants
    Sep-17-18 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. Valsartan is an off-patent component of several commonly prescribed drugs used to treat high...
  • United Healthcare Faces Class Action Lawsuit For 'Arbitrary' Therapy Payment Policy
    Nov-12-18 Sacramento, CA: Workers in the U.S. who received psychotherapy through their employers’ plans with United Healthcare Insurance Co. and United Behavioral Health (UBH) in California have filed a proposed class action, claiming the insurers have violated mental health laws Policy Holders Pay More The lawsuit, filed in the U.S. District Court for the N...
  • Discrepancies in Emergency Room Overcharges Cause Frustration and Financial Woes
    Feb-11-19 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 wit...
  • Mother with Post-Partum Depression Denied Disability Benefits by Hartford
    Oct-10-18 Chicago, IL: Even though Angela tried to return to work after suffering from postpartum depression, her boss advised that she apply for long term disability with Hartford Health Insurance. But Hartford didn’t agree with Angela’s boss. “I was pregnant and my job was very stressful at the time. I talked with my supervisors and they said I should app...
  • Court Orders Unum Doctor to Reveal How Much He Was Paid for His Opinion
    Jul-17-18 New Orleans, LA Unum Group has come under scrutiny yet again for alleged deceptive practices. This time the insurance giant has lost a battle in the Wittmann v. Unum Life Insurance Co. litigation. Plaintiff attorney Anne Wittmann, who alleges that she was wrongfully denied disability benefits, subpoenaed financial records from James H. Bress, M.D., wh...
  • California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work
    Aug-3-18 Los Angeles, CA Why should a worker bear the burden when an employer can’t keep track of time? With this question, the California Supreme Court threw open the doors to California labor lawsuits on behalf of workers who are tired of being nickel and dimed out of their pay for brief, but repeated, stints of off-the-clock work. The Message: Count Every...
  • Will the New Asbestos Regulation Put the Public at Risk?
    Aug-17-18 Washington, DC: The U.S. Environmental Protection Agency (EPA) has enacted a new rule to purportedly strengthen oversight on asbestos : it will review applications for using asbestos in consumer products. But the agency’s critics and consumer groups argue that this rule makes it easier for asbestos to be used in consumer products, from construction mate...
  • Childhood Asthma Risk Linked to Mother’s PPI Use during Pregnancy
    Feb-5-18 Washington, DC: As many as 80 percent of expectant mothers suffer from heartburn or acid indigestion during pregnancy. Until recently proton pump inhibitors (PPIs), such as Nexium, Prilosec and Prevacid, were thought to be both effective for mom and safe for baby. New studies , suggest otherwise, however: a mother’s use of PPIs during pregnan...
  • CA Top Court Makes it Harder for Employers to Deny Overtime by Designating Workers as Independent
    May-23-18 Los Angeles: A groundbreaking decision has been issued in Dynamex v. Superior Court of Los Angeles County . The Court adopted a three-part test that applies to any alleged misclassification under a California Industrial Welfare Commission (IWC) wage order. The IWC regulates wages, hours, and working conditions, and requires “employees” to be paid...
  • Lawsuits Brewing over Insurance Denials for “Smart” Prostheses
    Aug-21-18 Los Angeles, CA In California and other states, amputees are denied insurance coverage for modern prostheses. These legs and ankles are hugely better than the old titanium alloy stilts because of their microprocessors. Lt. Dan was glad to stand with his bride, but imagine running up the stairs or dancing at a Gump-ish wedding. Nonetheless, Anthem, United H...
  • Two Arguments to Watch in Physiomesh Bellwether Trials
    Dec-18-17 Atlanta, GA As the Ethicon Physiomesh hernia patch lawsuits start to go to trial in January 2018, all eyes will be on the fate of two competing arguments . Plaintiffs in the cases centralized as In RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation will argue that the mesh was defectively designed. Defendants,...
  • Study Further Links Proton Pump Inhibitors to Gastric Cancer and Conflicts with FDA study, Lawsuits to Follow
    May-31-18 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. Cancer Risk after H.pylori Eradication The October, 2017 study , published in the British Medical Journal (BMJ) was conducted by researchers from Hong Kong. While t...
  • It's Alive! Class Action Lawsuit against Capital One Bank is Back On
    Feb-18-18 New York, NY Tawanna Roberts's excessive bank overdraft fees lawsuit had all the familiar hallmarks. She claimed that she had a positive balance at the time she made the transactions that triggered the penalties, and that those penalties were made worse by Capital One's practice of reordering transactions to maximize what it could charge. But for a wh...
  • Ninth Circuit Says Pension Plan Participants Cannot be Forced to Arbitrate
    Aug-9-18 San Francisco, CA On July 24, 2018, the Ninth Circuit held that the plaintiffs in a pension plan lawsuit could continue their legal fight as a class action, rather than having to arbitrate individually. Munro v. University of Southern California is a major victory for ERISA plan participants who were required to sign individual arbitration agreement...
  • Donning and Doffing in Tennessee – Clothes or Protective Equipment?
    Oct-12-18 Nashville, TN: Over the past several years Tennessee has experienced a number of Tennessee labor lawsuits by employees demanding compensation for “donning and doffing” (putting on and taking off) clothing such as uniforms and protective gear before and after their shift. While the time it takes to “don and doff” may seem incidental and trivial,...
  • Are ER’s Cashing in on Upcoding?
    Feb-3-18 Washington, DC Since 2009 emergency room charges have jumped by as much as 85 percent . Are patients really sicker? Has the actual cost of care gone up that much? Are hospitals price-gouging? For both uninsured patients and those with big deductibles, the bottom line is the same – a gaping hole in the pocketbook. The secret (and thus perhaps...
  • Summary Judgment for Lincoln National in Barber v. Lincoln National Life Insurance Company
    Jul-25-18 Cincinnati, OH On May 18, 2018, the Sixth Circuit denied Oliver Barber’s appeal in his long term denied disability lawsuit against Lincoln Financial (the marketing name for Lincoln National Corporation and insurance company affiliates). This is likely the end of the road for Barber’s lawsuit , but it was hard fought and thoroughly argued. There is...
  • Amputees Fighting for Insurance Coverage Get Tips from Blue Cross Antitrust Lawsuit
    Sep-20-18 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. LifeWatch Services v. Highmark is actually an antitrust lawsuit dealing with telemetry cardiac monitors. Nonetheless, a recent opinion in the T...
  • Drywall Contractor Fined $2 million; Is California Wage Theft Rampant?
    Aug-10-18 Los Angeles: After workers at Fullerton Pacific Interiors Inc., complained about California labor law violations to the non-profit Carpenters Contractors Cooperation Committee, the California Labor Commissioner’s Office stepped in. Investigators found that the drywall company paid a daily rate that didn’t include overtime hours or rest breaks and 28...
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