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Category Archives: Health Law

Hagerty v. Cyberonics, Inc.

(United States First Circuit) – In a qui tam action alleging, among other things, that defendant violated the False Claims Act (FCA), 31 U.S.C. section 3729 et seq., and related state statutes, by promoting medically unnecessary replacements of batteries in nerve stimulator devices used to…

Interstate Fire and Casualty v. Dimensions Assurance Ltd.

(United States Fourth Circuit) – In an insurance coverage dispute in an underlying medical malpractice action brought by a former patient against the hospital and several of its doctors and nurses, the district court’s grant of summary judgment to the hospital’s insurer is vacated and…

Nickerson v. Stonebridge Life Ins. Co.

(California Court of Appeal) – In a suit brought by a disabled veteran alleging his life insurer breached the insurance contract by failing to pay him benefits for the full 109 days of his hospital stay and that the insurer breached the implied covenant of…

Maine Medical Center v. Burwell

(United States First Circuit) – In a dispute between the Secretary of Health and Human Services and eight Maine hospitals, involving the ‘often surreal’ Medicare reimbursement regime and the system through which the federal government reimburses hospitals for charity care, so-called disproportionate share payments (DSH…

Moore v. Mercer

(California Court of Appeal) – In a negligence action arising out of a car collision, the trial court’s judgment in favor of uninsured plaintiff is affirmed where: 1) Howell v. Hamilton Meats & Provisions, Inc. (2011) does not cap a plaintiff’s damages to the amount…

Vishva Dev, M.D., Inc. v. Blue Shield of California Life & Health Ins.Co.

(California Court of Appeal) – In a suit brought by a doctor against health insurers, arising out of denied payment for bills for the provision of emergency medical services to two patients insured by defendant, asserting breach of contract and quantum meruit, the trial court’s…

US v. United Healthcare Ins. Co.

(United States Ninth Circuit) – In a qui tam action alleging that defendant Medicare Advantage organizations submitted false certifications in violation of the False Claims Act, the District Court’s judgment dismissing without leave to amend qui tam relator’s third amended complaint is remanded with instructions…

Roberts v. United Healthcare Services, Inc.

(California Court of Appeal) – In a class action for unfair competition, unjust enrichment and financial elder abuse, brought by a plaintiff enrolled in a private health plan offering benefits to persons 65 and over as well as disabled persons under the federally funded Medicare…

US v. Gabinskaya

(United States Second Circuit) – Conviction of various fraud and conspiracy charges arising out of defendant’s involvement in a conspiracy to defraud insurance companies in connection with claims under New York’s No Fault Comprehensive Motor Vehicle Insurance Reparation Act, N.Y. Ins. Law section 5102 et…

Zubik v. Burwell

(United States Supreme Court) – In a case brought by nonprofit organizations that provide health insurance to their employees, challenging the federal regulations require them to cover certain contraceptives as part of their health plans, unless they submit a form either to their insurer or…

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