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  • Harris v. Boston Scientific Corp.

    Publication Date: 2018-01-17
    Practice Area: Products Liability
    Industry: Biotechnology | Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robert J. Leoni, Shelsby & Leoni PA; Christine V. Clarke and Chris A. Gomez, Kline & Specter, PC, attorneys for plaintiff
    for defendant: Colleen D. Shields, Eckert Seamans Cherin & Mellott, LLC, attorneys for defendant.
    Case Number: D68007

    Jury verdict in favor of defendant in medical products liability case not against weight of evidence, where jury could find that complication rate of plaintiffs specific injury of less than one percent was not indicative of the products dangerousness, and could believe testimony that it was reasonable for defendant to rely on clinical testing of similar devices.

  • Sarissa Capital Domestic Fund LP v. Innoviva, Inc.

    Publication Date: 2017-12-27
    Practice Area: Contracts | Corporate Governance
    Industry: Consulting | Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Stephen E. Jenkins, Richard D. Heins, Peter H. Kyle, Martin L. Seidel and Sameer Advani for plaintiffs
    for defendant: Robert S. Saunders, Sarah Runnells Martin, Alyssa S. O'Connell and Matthew P. Majarian for defendant.
    Case Number: D67989

    Defendants agent had actual or apparent authority to bind defendant to an oral settlement agreement.

  • U.S. v. Medco Health Solutions, Inc.

    Publication Date: 2017-12-06
    Practice Area: Business Torts | Government
    Industry: Federal Government | Health Care | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Jeffrey S. Goddess, P. Bradford deLeeuw and David S. Stone for plaintiffs
    for defendant: Jack B. Blumenfeld, Rodger D. Smith II, Enu Mainigi, Craig D. Singer, Holly Conley and D. Keith Clouser for defendants.
    Case Number: D67963

    The public information bar precluded a relators claim regarding fraudulent conduct under the False Claims Act. Motion to dismiss granted, with prejudice.

  • In re Physiotherapy Holdings, Inc.

    Publication Date: 2017-11-22
    Practice Area: Bankruptcy
    Industry: Health Care
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff: N/A
    for defendant: N/A
    Case Number: D67945

    A litigation trust failed to demonstrate good cause in support of its motion to amend to name additional de-fendants, and the applicable fraudulent transfer law did not permit punitive damages. Motion to amend denied.

  • Simmons v. Farmer

    Publication Date: 2017-11-22
    Practice Area: Damages
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Timothy G. Willard for plaintiffs
    for defendant: Maria J. Poehner for defendants.
    Case Number: D67949

    Owners of a dog were not entitled to consequential damages in a claim for negligent veterinary care, but fac-tual issues existed as to the fair market value of the dog prior to surgery.

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  • In re Physiotherapy Holdings, Inc.

    Publication Date: 2017-11-15
    Practice Area: Bankruptcy | Business Torts
    Industry: Health Care
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff: N/A
    for defendant: N/A
    Case Number: D67939

    Bankruptcy court determined that: 1) recovery for a fraudulent transfer is not capped by the amount of the creditor claims; 2) a result which allowed a defendant who engaged in a fraudulent transfer to keep most or all of the transferred money was inequitable; 3) a trustee may avoid a transfer beyond the extent necessary to satisfy a creditors claim; and 4) if the litigation trustee was successful, the court found no windfall to the creditors from recovery in the fraudulent transfer action.

  • Raytheon Co. v. BAE Sys. Tech. Solutions & Serv. Inc.

    Publication Date: 2017-11-15
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jack B. Jacobs, Mark D. Hopson, Gordon D. Todd and Daniel J. Feith for plaintiff
    for defendant: John A. Sensing, Matthew F. Davis, Jesse L. Noa, Gregory M. Williams, Richard W. Smith and Katherine C. Campbell for defendant.
    Case Number: D67941

    Plaintiffs breach of contract claim was dismissed because the contract specifically allowed defendant to ter-minate if doing so was in its best interest.

  • BioVeris Corp. v. Meso Scale Diagnostics, LLC

    Publication Date: 2017-11-15
    Practice Area: Civil Procedure
    Industry: Biotechnology | Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Joel Friedlander and Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Nancy J. Sennett, James T. McKeown, and Eric L. Maassen, Foley & Larnder LLP, Milwaukee, WI, attorneys for plaintiff
    for defendant: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE; Mark C. Hansen, Michael J. Guzman, Joshua Hafenbrack, and Hilary P. Gerzhoy, Kellogg, Hansen, Todd, Figel & Frederick, PLLC, Washington, DC, attorneys for defendants.
    Case Number: D67935

    Plaintiffs claim for breach of settlement barred by laches where plaintiff failed to bring claim within analogous statute of limitations, and no extraordinary circumstances were present to excuse plaintiffs delay in bringing its action.

  • Encore Preakness, Inc. v. Chestnut Health and Rehab. Grp., Inc.

    Publication Date: 2017-11-15
    Practice Area: Business Torts | Contracts | Creditors' and Debtors' Rights
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Christopher J. Day, Day Law Group, LLC, Wilmington, DE, attorneys for plaintiff
    for defendant: Nancy S. Rappaport and Brian A. Biggs, DLA Piper LLP, Wilmington, DE; Brooke Madonna, Spector Gadon & Rosen, Philadelphia, PA, attorneys for defendants.
    Case Number: D67936

    Plaintiff could pursue tortious interference claim against administrative services providers to healthcare facilities plaintiff contracted with, where plaintiff alleged that service providers failure to act consistently in their agreements with the facilities interference with the facilities performance under their contracts with plaintiff.

  • Wilmington Pain & Rehabilitation Center, P.A. v. USAA Gen. Indemnity Ins. Co.

    Publication Date: 2017-11-01
    Practice Area: Class Actions | Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: John S. Spadaro and John Sheehan Spadaro for plaintiff
    for defendant: Sidney S. Liebesman, Lisa Zwally Brown, Jay Williams and Paula M. Ketcham for defendant.
    Case Number: D67925

    A purported class did not meet the requirements for certification because the reasonableness and necessity of the medical expenses at issue required a particularized assessment of each patients injuries, treatment and ex-penses.