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Florida appellate court recognizes new statutory bad faith cause of action in medical malpractice claims

Edwards Wildman Palmer LLP
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USA
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May 22 2007

A Florida appellate court has recognized a new statutory bad faith cause of action in medical malpractice claims

Illinois federal court dismisses antitrust suit brought by institutional pharmacy against insurer

Edwards Wildman Palmer LLP
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USA
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January 22 2009

On January 16, 2009, United States District Judge Rebecca R. Pallmeyer, of the U.S. District Court, Northern District of Illinois, Eastern Division, granted summary judgment in favor of defendants UnitedHealth Group, Inc. and Pacificare Health Systems, Inc. on all claims in the antitrust litigation with institutional pharmacy Omnicare, Inc

Missouri court of appeals finds no right of equitable contribution based on other insurance clauses

Edwards Wildman Palmer LLP
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USA
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January 26 2009

The Missouri Court of Appeals, Eastern District recently held that a nurse's professional liability insurer was not liable for contribution to her employer's professional liability insurer after the latter settled a wrongful death claim involving the nurse

Group Health Incorporated spots insurance fraud in alleged brain surgery scam

Edwards Wildman Palmer LLP
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USA
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June 8 2007

Given the escalating costs of covering legitimate health care services, the last thing the health insurance industry needs is to be paying for services that were never rendered

Recusal issue arises in US Supreme Court's consideration of Wyeth v Levine drug labeling preemption case

Edwards Wildman Palmer LLP
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USA
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February 18 2009

As previously reported here, the U.S. Supreme Court heard oral arguments in Wyeth v. Levine on November 3, 2008

Third Circuit vacates dismissal of Celebrex securities fraud class action

Edwards Wildman Palmer LLP
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USA
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February 17 2009

The United States Court of Appeals for the Third Circuit (“Third Circuit”) recently vacated the dismissal of a securities fraud class action alleging that a pharmaceutical company, Pharmacia, Inc., made materially false statements about a clinical study of a popular anti-inflammatory medication

Federal District Court rules that FDA regulations do not preempt state law claims, allows state failure-to-warn claims against pharmaceutical company to proceed

Edwards Wildman Palmer LLP
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USA
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August 15 2007

The Federal District Court for the Eastern District of Louisiana recently held that state failure-to-warn claims are not preempted by the labeling requirements of the Food and Drug Administration

DC Circuit: no constitutional right for terminal patients to receive experimental drugs

Edwards Wildman Palmer LLP
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USA
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August 15 2007

In an 8-2 en banc ruling, the D.C. Court of Appeals has held that terminally ill patients do not have a constitutional due process right to access experimental drugs

Florida no fault coverage insurers may reimburse medical providers at the providers’ PPO contract rates

Edwards Wildman Palmer LLP
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USA
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August 3 2007

Florida’s personal injury protection (“PIP”) statute, Florida Statute 627.736, requires Florida insureds to maintain at least $10,000 in “no fault” coverage for automobile accidents and compels insurers to pay 80 of all reasonable, related, and necessary medical expenses

West Virginia rejects the learned intermediary doctrine

Edwards Wildman Palmer LLP
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USA
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August 15 2007

In a case of first impression in West Virginia, the state Supreme Court of Appeals recently specifically declined to adopt the learned intermediary doctrine

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