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California Physician Charged With Mail Fraud For Selling Purported “100% Cure” For COVID-19

April 21, 2020

The U.S. Attorney’s Office for the Southern District of California announced on April 16, 2020 that a licensed physician who owned a med spa in San Diego, California was charged on April 16, 2020 with mail fraud in connection with the sale of what he described as a “100%” cure for COVID-19 tha[...]

Three Genesis Healthcare Nursing Homes Agree To Pay $740K To Resolve Vermont Neglect Claims

April 20, 2020

The Attorney General of Vermont announced on February 20, 2020 announced a settlement with three Genesis Healthcare subsidiary-operated nursing homes in Vermont, resolving allegations of neglect that resulted in serious injury to three residents and the death of a fourth. Each of these incidents was[...]

Pennsylvania Nursing Home Chain Agrees To Pay Nearly $15.5M To Settle False Claims Allegations

April 19, 2020

The U.S. Attorney’s Office Western District of Pennsylvania announced on February 19, 2020 that Guardian Elder Care Holdings, Inc., which operates more than 50 nursing homes throughout Pennsylvania, and its related companies, will pay $15,466,278 to settle claims that it provided medically unneces[...]

Indiana Appellate Court Affirms Medical Malpractice Defense Verdict Involving Discrepancy Between ER Doc’s And Radiologist’s Interpretation Of X-Ray

April 18, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”), in its February 21, 2020 Memorandum Decision, upheld an Indiana medical malpractice jury’s defense verdict in a case where the ER doctor interpreted a patient’s chest x-ray as normal and later a radiologist interpre[...]

Nursing Homes Response To Covid-19 – Heroes Or Villains?

April 17, 2020

Nursing homes in the United States have been especially hard hit by the coronavirus (COVID-19), which is not necessarily unexpected due to their residents often being elderly and having underlying medical conditions that make them more susceptible to suffering severe cases of the virus. However, the[...]

Pennsylvania Supreme Court Holds Mental Health Immunity May Not Apply To Drug Rehabilitation

April 16, 2020

The Supreme Court of Pennsylvania Middle District (“Pennsylvania Supreme Court”), in its opinion dated February 15, 2020, discussed the scope and application of the qualified immunity provided under Section 114 of the Mental Health Procedures Act (“MHPA”), 50 P.S. §§7101-75[...]

Crisis Standards Of Care (CSC) For COVID-19

April 15, 2020

On March 28, 2020, the “Rapid Expert Consultation on Crisis Standards of Care for the COVID-19 Pandemic (March 28, 2020) (2020)” was issued: “the aim of this rapid expert consultation is to articulate the guiding principles, key elements, and core messages that undergird Crisis Sta[...]

MedPro Answers COVID-19 Medical Malpractice Insurance Coverage Questions

April 14, 2020

MedPro Group (“MedPro”), a Berkshire Hathaway company, is the nation’s first provider of healthcare liability insurance (since 1899). With over $1 billion in annual premiums and more than 200,000 clients, MedPro “is the national leader in customized insurance, claims and patient [...]

Compounding Pharmacist Found Guilty In $21.8M Health Care Fraud Case

April 13, 2020

The United States Department of Justice announced on March 11, 2020 that a federal jury in Texas has found a 75-year-old pharmacist guilty of charges related to health care fraud, wire fraud, and money laundering. After a six-day trial, the jury convicted the pharmacist on one count each of conspira[...]

Virginia Supreme Court Remands Opioid Medical Malpractice Case For Jury’s Consideration Of Punitive Damages

April 12, 2020

In its opinion filed on April 9, 2020, the Virginia Supreme Court held: “the Circuit Court of Prince William County erred by striking the evidence supporting a claim for punitive damages against a physician who repeatedly prescribed narcotic pain medication to a patient. Under the particular f[...]

Washington Appellate Court Allows Juror With Connection To Defendant OB To Sit On Birth Injury Jury

April 11, 2020

On March 10, 2020, the Court of Appeals of the State of Washington Division Three (“Washington Appellate Court”) affirmed the trial court’s decision to allow a prospective juror to sit on a Washington medical malpractice jury in a birth injury medical malpractice case alleging that[...]

Illinois Governor Grants Blanket, All-Encompassing Immunity To Many Health Care Professionals For Their Medical Negligence During COVID-19 Crisis

April 10, 2020

On April 1 (April Fools’ Day), 2020, Illinois’ Governor issued Executive Order 2020-19 which provides, in part: “I direct that during the pendency of the Gubernatorial Disaster Proclamations, Health Care Professionals, as defined in Section 1 of this Executive Order, shall be immun[...]

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