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While recovering from surgery at Memorial Hospital at Gulfport, eighty-nine-year-old Lautain Scruggs fell after getting out of her hospital bed. Scruggs suffered a serious head injury that required almost immediate surgery. Several years later, Scruggs died; her death was unrelated to the head injury. Scruggs’s daughters Julia Cavalier and Jannette Scruggs McDonald and her estate (collectively Cavalier) filed a complaint against Memorial Hospital for medical negligence. Pursuant to the Mississippi Tort Claims Act, the trial court conducted a bench trial, with the evidence essentially being a battle-of -the-experts on the appropriate standard of care as it related to Memorial Hospital’s fall-risk assessment tool. Ultimately, the trial court found in favor of Memorial Hospital, and Cavalier filed a motion for a new trial. The trial court denied Cavalier’s motion for a new trial, so Cavalier filed this appeal. Finding no reversible error, the Mississippi Supreme Court affirmed. View "Cavalier v. Memorial Hospital at Gulfport" on Justia Law

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Patsy Wood, administratix of Patricia Peoples’s estate and a wrongful death beneficiary, as well as Sandra Kay Madison and Samuel Peoples, Peoples’s other children and wrongful death beneficiaries, sued Lakeland Nursing and its employees, primarily the nurses involved in caring for Peoples, for negligence. Lakeland Nursing and Nurses Brittany Spann, Mary McGowan, Patricia Rhodes, and Barbara Scott (collectively “the Nurses”) filed motions to dismiss, arguing that Wood did not comply with the presuit notice requirements provided in Mississippi Code Section 15-1-36(15) (Rev. 2012). Peoples, a resident at Lakeland Nursing and Rehabilitation Center, LLC, fell on September 12, 2011, and died from her injuries. Her children sued Lakeland Nursing and the Nurses for negligence. The issue this interlocutory appeal presented for the Mississippi Supreme Court's review centered on whether Patsy Wood gave proper presuit notice to the Nurses pursuant to Mississippi Code Section 15-1-36(15), such that the circuit court correctly denied the Nurses’ motions to dismiss. Finding that Wood failed to do so, the Supreme Court reversed the trial court’s denial of the Nurses’ motion to dismiss, and remanded for further proceedings. View "Spann v. Wood" on Justia Law

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This appeal presented a question of whether established law supported Plaintiff Joseph Leiser's claim that two jail officials in Coffey County, Kansas, violated his constitutional rights by disclosing medical information about him that they had properly obtained. Plaintiff was set to be extradited from Illinois to Kansas, and the Kansas jail requested Illinois arrange for multiple medical examinations of Plaintiff to determine whether he had suffered injuries after being tasered by U.S. Marshals. The Kansas official learned Plaintiff had bone lesions and possibly cancer. This information was conveyed to the Coffey County Sheriff, who conveyed it to Coffey County Hospital, then to Plaintiff's family and friends, without first obtaining Plaintiff's permission. The Tenth Circuit determined the prison officials were entitled to qualified immunity, and dismissed his case. View "Leiser v. Moore" on Justia Law

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LifeWatch is one of the two largest sellers of telemetry monitors, a type of outpatient cardiac monitoring devices used to diagnose and treat heart arrhythmias, which may signal or lead to more serious medical complications. An arrhythmia can be without noticeable symptoms. Other outpatient cardiac monitors also record the electrical activity of a patient’s heart to catch any instance of an arrhythmia but they vary in price, method of data capture, and mechanism by which the data are transmitted for diagnosis. LifeWatch sued the Blue Cross Blue Shield Association and five of its member insurance plan administrators under the Sherman Act, 15 U.S.C. 1, claiming they impermissibly conspired to deny coverage of telemetry monitors as “not medically necessary” or “investigational,” although the medical community, other insurers, and independent arbiters viewed it as befitting the standard of care. The Third Circuit reversed the dismissal of the complaint. LifeWatch plausibly stated a claim and has antitrust standing. That so many sophisticated third parties allegedly view telemetry monitors as medically necessary or meeting the standard of care undercuts Blue Cross’s theory that nearly three dozen Plans independently made the opposite determination for 10 consecutive years. Read in the light most favorable to LifeWatch, the complaint alleges competition among all outpatient cardiac monitors such that they are plausibly within the same product market. LifeWatch has alleged actual anticompetitive effects in the relevant market. View "Lifewatch Services Inc. v. Highmark, Inc." on Justia Law

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The Eleventh Circuit affirmed the judgment of the district court ruling that the Alabama Unborn Child Protection from Dismemberment Abortion Act “constitutes an undue burden on abortion access and is unconstitutional” and granting as-applied injunctive relief to Plaintiffs, holding that, under Supreme Court precedent, the Act is unconstitutional. At issue was a method of abortion referred to as dilation and evacuation, or dismemberment abortion, which involves tearing apart and extracting piece-by-piece from the uterus, at the fifteen to eighteen week stage of development, what was until then a living unborn child. The State sought to make the procedure more humane by enacting the Act, which required the one performing the abortion to kill the unborn child before ripping apart its body during the extraction. See Ala. Code 26-23G-2(3). Plaintiffs brought this complaint claiming that the Act was unconstitutional on its face. The district court ruled that the Act was unconstitutional because it would place substantial obstacles before women seeking pre-viability abortions. The Eleventh Circuit affirmed after applying the undue burden test, holding (1) the methods of fetal demise that the State proposed were not safe, effective, or available; and (2) neither the Act’s health exception nor its intent requirement saves the Act. View "West Alabama Women's Center v. Miller" on Justia Law

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In this professional negligence action, the Supreme Judicial Court affirmed the judgment of the superior court concluding that Defendant, a medical center, was not negligent when it discharged Plaintiffs’ father, who died the night he was discharged. After a bench trial, the superior court concluded that Defendant was not negligent when it discharged the decedent over the objection of his guardians and that the discharge plan met the standard of care. The Supreme Judicial Court affirmed, holding that the superior court (1) did not err in concluding that, at the time he was discharged, Defendant had regained capacity to make his own health-care decisions and that Defendant’s discharge plan met the standard of care; and (2) did not err in denying Defendant’s request for costs for expert witness fees and expenses incurred during the prelitigation screening panel process. View "Oliver v. Eastern Maine Medical Center" on Justia Law

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At issue in this appeal before the Pennsylvania Supreme Court was the "breadth of gubernatorial power" concerning home health care services, and whether Pennsylvania Governor Thomas Wolf's executive order (2015-05) was an impermissible exercise of his authority. The Order focused on the in-home personal (non-medical) services provided by direct care workers (“DCW”) to elderly and disabled residents who receive benefits in the form of DCW services in their home rather than institutional settings (“participants”), pursuant to the Attendant Care Services Act (“Act 150”). After careful consideration of the Order, the Supreme Court concluded Governor Wolf did not exceed his constitutional powers. Thus, the Court vacated the Commonwealth Court’s order, and remanded for additional proceedings. View "Markham, et al v. Wolf" on Justia Law

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The Eleventh Circuit affirmed the district court’s decision to deny Appellant unconditional release from civil commitment, holding that the district court did not commit clear error in finding that Appellant’s risk of danger to others was due to a “mental disease or defect” under 18 U.S.C. 4243(d). Appellant was found not guilty by reason of insanity by threatening the President of the United States, among other offenses. After a hearing, the district court found that Appellant’s underlying crimes involved a substantial risk of bodily injury to another and that there was a substantial risk that Appellant would harm others in the future. The district court then ordered Appellant civilly committed pursuant to 18 U.S.C. 4243(e). On appeal, Appellant argued that the district court erred in committing him because there was no evidence that he suffered from a present mental disease or defect. The Eleventh Circuit disagreed, holding that the district court did not clearly err in finding (1) Appellant suffered from a mental disease or defect, and (2) Appellant’s dangerousness was due to his mental disease or defect. View "United States v. McIntosh" on Justia Law

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In 2010, the defendants formed PremierTox, a urinalysis testing company: Doctors Peavler and Wood owned a substance abuse treatment company, SelfRefind; Doctor Bertram previously worked for SelfRefind. Bottom and Walters owned a drug testing service and laboratory. Physicians at clinics ordered urinalysis tests to check if their patients used illicit drugs and to monitor their medications. PremierTox was to receive those urine samples, perform the testing, and report back. In October 2010, SelfRefind began to send frozen urine samples to PremierTox for testing, but PremierTox did not have the correct equipment. In 2011, after PremierTox bought the necessary, expensive machines, they broke down. Urine samples from SelfRefind piled up. PremierTox started testing them between February and April 2011 and finished testing them in October. Over the same period, it tested and billed for fresh samples as they came in, aiming for a 48-hour turnaround. PremierTox billed insurers, saying nothing about the delays. The defendants were charged with 99 counts of health care fraud and with conspiracy. A jury acquitted them of conspiracy and 82 of the health care fraud charges and convicted them of 17 health care fraud charges. The trial judge imposed sentences of 13-21 months in prison. The Sixth Circuit affirmed the convictions. A reasonable jury could find that the defendants violated 18 U.S.C. 1347 by requesting reimbursement for tests that were not medically necessary. View "United States v. Walters" on Justia Law

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The Eighth Circuit affirmed the district court's partial grant of summary judgment for Children's Hospitals and decision to vacate a Medicaid policy, Frequently Asked Question 33, which explained how to calculate a hospital's uncompensated medical care costs. The court held that by imposing new reporting requirements for private insurance payments, Question 33 expanded the footprint of 42 C.F.R. 447.299 and thus constituted a substantive change in the regulation. The court explained that section 447.299 has specific language explicitly stating what payments must be deducted from each hospital's "total cost of care," and the Secretary's own definition of "uncompensated care costs" did not include private insurance payments. The court declined to read substantive changes into the regulation under the guise of interpretation. Furthermore, the court joined the First and Fourth Circuits in concluding that Question 33 was a legislative rule that was not adopted in accordance with the procedure required by law and thus must be set aside, notwithstanding the Secretary's policy arguments to the contrary. View "Children's Health Care v. Centers for Medicare and Medicaid Services" on Justia Law