12/6/23
By: Kevin M. Ringel and Kevin G. Kenneally
On Monday, December 4, the Supreme Court conducted oral arguments in a case that could impact the bankruptcy framework frequently utilized by businesses facing mass tort litigation. The case, Harrington v. Purdue …
CMS issues proposed rule setting minimum staffing standards for long-term care facilities
11/15/23
By: Michael Griffin and Alexandra F. Held
On September 6, 2023, the U.S. Department of Health and Human Services, through the Centers for Medicare & Medicaid Services (CMS), issued a proposed rule that, for the first time, would establish minimum …
11/7/23
By: Kevin M. Ringel and Kevin G. Kenneally
On December 1, 2023, amendments to the Federal Rules of Evidence will take effect to clarify the standard for admission of expert testimony. The Advisory Committee on Evidence Rules determined amendments to …
10/11/23
By: Donald Patrick Eckler and Adelaide Bell
Does a death on termination clause in a nursing home contract terminate the entirety of the contract, including the arbitration agreement? Resolving a conflict between the districts of the Illinois Appellate Court, the …
10/5/23
By: Donald Patrick Eckler and Joshua W. Zhao
In Conrads v. Rush-Copley Medical Center, Inc., 2023 IL App (2d) 220455, the Appellate Court of Illinois addressed the factors that a court should consider when determining whether a physician constitutes …
Penn Medicine Challenging Largest PA Med Mal Claim Verdict
8/30/23
A Philadelphia County recently awarded a $182.7 MM verdict, including $80 MM in pain and suffering damages, against the Hospital of the University of Pennsylvania, known as Penn Medicine. While larger medical malpractice jury verdicts are …
COVID-19 immunity for health care facilities upheld in Illinois
8/18/23
By: Kevin M. Ringel
In a victory for health care providers in Illinois, a state appellate court held yesterday that Governor Pritzker’s executive order issued in the early days of the COVID-19 pandemic grants immunity for ordinary negligence claims to …
What is a Health Care Liability Claim in Texas? A Tale of Two Cases
7/17/23
By Timothy Soefje and Gabriel Canto
Two Texas cases fortuitously reported on back-to-back days brilliantly illustrate the counterintuitive, contentious, and consequential labeling of Texas claims as Health Care Liability Claims (“HCLCs”) or non-HCLCs. An HCLC designation is important because it …
Business Associate Agreements: What You Need to Know
6/23/23
By: Michael Griffin and Alexandra Held
Business associate agreements are essential to ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA), the federal law establishing national standards to protect the privacy and security of protected health information (PHI). …
5/16/23
By LaShay Byrd and Kyle Virgin
The COVID-19 Public Health Emergency (PHE) is set to officially end on May 11, 2023 and with it several extraordinary regulatory flexibilities will end as well. In the early days of COVID-19, the Department …
A de novo Look at the FDA’s de novo Classification Process and Preemption
5/11/23
By Kevin M. Ringel and Kevin G. Kenneally
A recent federal court decision, Desch v. Merz North America, Inc. & Ulthera Inc., No. 22-cv-02688 (HG), 2023 WL 2734671 (E.D.N.Y Mar. 31, 2023), highlights an untested area of medical device …
3/13/23
By Lisa R. House, Paul-Michael La Fayette, and Kevin Ringel
Assisted living and long-term care facilities doing business or expanding into FMG’s national footprint should be aware of differences in state law that directly impact litigation involving their …