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Harvard University Agrees To Pay Over $1.3 Million To Resolve Overcharging NIH Grants Allegations

June 20, 2020

The U.S. Attorney’s Office for the District of Massachusetts announced on April 27, 2020 that Harvard University (“Harvard”) has agreed to pay $1,359,791 to resolve allegations that Harvard’s T.H. Chan School of Public Health (HSPH) overcharged certain grants funded by the National I[...]

Maryland Appellate Court Affirms Summary Judgment For Paramedic And EMT In Wrongful Death Case

June 19, 2020

In its unreported opinion dated June 17, 2020, the Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, affirmed the trial court’s grant of summary judgment to the defendant paramedic and defendant EMT and their employer [...]

Wisconsin Supreme Court Approves Alternative Methods Instruction In Affirming Medical Malpractice Defense Verdict

June 18, 2020

In a case decided on April 24, 2020, the Supreme Court of Wisconsin (“Wisconsin Supreme Court”) held: “We conclude that based on all of the expert testimony introduced at trial, the jury was properly given the alternative methods instruction in this case. Therefore, we reverse the [...]

New Mexico Supreme Court Holds Nursing Home Arbitration Agreement Was Substantively Unconscionable

June 17, 2020

The Supreme Court of New Mexico (“New Mexico Supreme Court”) held in its opinion dated April 6, 2020 that “an arbitration agreement is facially one-sided when it excludes the drafting party’s likeliest claim from arbitration, but requires the non-drafting party to arbitrate its l[...]

Virginia Hospital System And ENT Practice Agree To Pay Over $9M To Settle False Claims Act Kickback Allegations

June 16, 2020

The U.S. Attorney’s Office for the Western District of Virginia announced on April 22, 2020 that a Virginia hospital system and ENT practice have agreed to pay over $9 million to settle allegations that they entered into an illegal kickback scheme in violation of the federal False Claims Act and t[...]

CMS Provides Nursing Home COVID-19 Data And Inspections Results

June 15, 2020

On June 4, 2020, the Centers for Medicare & Medicaid Services (CMS) posted the first set of underlying coronavirus disease 2019 (COVID-19) nursing home data. CMS stated: “The data released today shows that as of May 31, 2020, about 13,600 nursing homes – approximately 88 percent of the [...]

Proposed New York Legislation Would Repeal Recently Enacted Ill-Advised Nursing Home Immunity Law

June 14, 2020

Stated within the April 2020 New York budget bill known as the Emergency Or Disaster Treatment Protection Act, commonly referred to as “30-D,” were provisions that relaxed record-keeping requirements and immunized health care providers, including nursing home operators, from criminal and[...]

$30M Florida Medical Malpractice Verdict Against Orthopedic Doctors

June 13, 2020

On March 6, 2020, a Florida medical malpractice wrongful death jury returned its verdict in favor of the plaintiff in the amount of $30 million, finding one of the defendant orthopedic doctors liable for 5% of the verdict and the other defendant orthopedic doctor responsible for 95% of the verdict. [...]

Tennessee Supreme Court Rules Unlicensed Doctor Unqualified To Testify In Medical Malpractice Case

June 12, 2020

In its opinion filed on April 20, 2020, the Supreme Court of Tennessee at Nashville (“Tennessee Supreme Court”) held that “under Tennessee Code Annotated section 29-26-115(b), a doctor, who was permitted to practice medicine in Tennessee under a statutory licensure exemption but wa[...]

250 Nursing Home Resident Advocacy Organizations Implore U.S. Senate To Avoid Granting Immunity To Nursing Homes

June 11, 2020

In a letter dated May 28, 2020 addressed to the leaders of the U.S. Senate, 250 organizations throughout the United States that advocate on behalf of the 1.3 million nursing home residents in the United States implored the U.S. Senate “to strongly oppose granting immunity to nursing homes duri[...]

Study Highlights Need For “Investment In And Exploration Of New Approaches To Fetal Surveillance In Labor”

June 10, 2020

A study published on February 19, 2020 in JAMA Network was designed “To investigate whether experienced clinicians can detect and respond to abnormal readings from CTGs [cardiotocography] during the penultimate hour before birth in infants with moderate to severe NE [neonatal encephalopathy] b[...]

Pennsylvania Appellate Court Enforces Nursing Home Arbitration Agreement

June 9, 2020

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its Memorandum Opinion dated April 16, 2020 with regard to the plaintiff in a nursing home injury case attempting to circumvent arbitration of the claim, “our review of the record indicates that this is not[...]

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