• Tammaro v. County of Chester

    Publication Date: 2022-03-07
    Practice Area: Health Care Law
    Industry: Health Care | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0248

    Defendants, health care facility and county that owned facility, moved to dismiss plaintiff administratrix's §1983 wrongful death and survival claims and Federal Nursing Home Reform Act claims and court found plaintiff's theory that defendant deliberately understaffed its facility was not a cognizable theory of liability for her §1983 claim but she sufficiently stated a failure-to-train claim. Motion granted in part and denied in part.

  • Liberty Mut. Group, Inc. v. 700 Pharmacy LLC

    Publication Date: 2022-02-21
    Practice Area: Health Care Law
    Industry: Health Care | Insurance | Retail
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0189

    Trial court erred in finding appellant insurers failed to join indispensable parties and in its application of the Workers' Compensation Act in insurers' action asserting pharmacies created an unlawful business structure in which doctors prescribed topical compound pain creams and received kickbacks, but properly found appellants failed to present evidence to support claims of fraud, unjust enrichment, aiding and abetting. Affirmed

  • United States ex rel. O'Bier v. TidalHealth Nanticoke, Inc.

    Publication Date: 2022-02-15
    Practice Area: Health Care Law
    Industry: Federal Government | Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69715

    Kickback claims failed as a matter of law where relator could not plausibly allege a financial connection between prescribing healthcare providers and medical equipment suppliers.

  • Jennings v. Wolf

    Publication Date: 2022-01-31
    Practice Area: Health Care Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0099

    Proposed intervenors moved to intervene in plaintiffs' action against Pennsylvania Department of Human Services to ensure the settlement in their prior litigation was not disturbed or undermined by this action and also asserted claim preclusion as a bar against collateral attacks on that settlement and court denied intervention as of right because intervenors did not and could not show that their settlement would be negatively affected as a practical matter by a judgment in plaintiff's favor and court also denied permissive interventi

  • Margel v. Noga Ambulance Serv., Inc.

    Publication Date: 2022-01-10
    Practice Area: Health Care Law
    Industry: Health Care | Transportation
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1429

    Plaintiff had no private right of action under the Health Insurance Portability and Accountability Act for defendants' alleged disclosure of her private medical information, and she could not circumvent the mechanics of that act by pursuing claims for negligence per se relating to defendants' alleged violations of HIPAA. The court sustained defendants' preliminary objection in part.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

    View this Book

    View more book results for the query "*"

  • Pennsylvania Physical Therapy Ass'n v. Oleksiak

    Publication Date: 2021-11-01
    Practice Area: Health Care Law
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1265

    Providers appealed department's holding that CMS's revision to the codes for physical therapy evaluations constituted "new codes" within the meaning of 34 Pa. Code §127.153(c) and court found the "new codes" were modifications or adjustments and should have been incorporated into department's existing fee schedule. Reversed and remanded.

  • Leadbitter v. Keystone Anesthesia Consultants, Ltd.

    Publication Date: 2021-08-30
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0995

    Plaintiffs challenged hospital's withholding of credential committee documents as privileged and court found a hospital credential committee qualified as a "review committee" for purposes of the Peer Review Protection Act, to the extent it undertook peer review, and the Health Care Quality Improvement Act protected from disclosure the responses given by the National Practitioner Data Bank to queries submitted to it. Reversed and vacated.

  • Temple Univ. Hosp., Inc. v. Sec'y U.S. Dep't of Health & Human Serv.

    Publication Date: 2021-07-05
    Practice Area: Health Care Law
    Industry: Federal Government | Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Phipps
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0772

    District court awarded judgment to agency officials in appellant hospital's suit challenging its reclassification into a core based statistical area and court found the complaint should have been dismissed for lack of subject matter jurisdiction because appellant failed to present its claims for administrative adjudication. Vacated and remanded.

  • Simone v. Harborview Rehab. & Care Ctr. at Doylestown, LLC

    Publication Date: 2021-06-21
    Practice Area: Health Care Law
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Savage
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0713

    Defendant employer moved for summary judgment on plaintiff's Families First Coronavirus Relief Act and ADA claims over his termination and court denied summary judgment on his FFCRA interference claim because plaintiff was not a "health care provider" excluded from coverage and there was a question of material fact as to whether he was fired or quit but his FFCRA retaliation and ADA claims failed because the decision to replace him was made prior to his COVID-19 symptoms. Motion granted in part and denied in part.

  • DuBoise v. Rumcik

    Publication Date: 2021-06-14
    Practice Area: Health Care Law
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0682

    The Pennsylvania Department of Corrections filed preliminary objections to inmate's petition seeking to compel DOC to provide him with his mental health treatment records under the Medical Records Act and the Mental Health Procedures Act and court granted DOC's preliminary objections to inmate's claim under the MHPA but found it could not declare with certainty that the law would not permit inmate to succeed in his mandamus challenge under the MRA. Preliminary objections overruled and sustained.