44 results for 'cat:"Health Care" AND cat:"Class Action"'.
J. Hornsby denies a request by owners of a skilled nursing facility to stay discovery of a potential class action alleging fraudulent reporting of nursing shortages for 100 residents over a three-year period. The owners of the facility unsuccessfully sought to pause the litigation by the daughter of a deceased resident, pending a ruling on a jurisdictional challenge, under the Class Action Fairness Act. The facility’s owners say the suit is one of 13 related cases filed by the litigant’s counsel filed in federal and state courts in Louisiana. “There are sound arguments on both sides of the issue” but the “best exercise” of the court’s discretion is to allow discovery to proceed.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: April 30, 2024, Case #: 5:23cv1750, NOS: Other Fraud - Torts - Personal Property, Categories: health Care, Discovery, class Action
Per curiam, the circuit finds the district court properly dismissed the complaint. The clean-up worker associated with the Deepwater Horizon oil spill, never having received notice he was part of the approved medical class, developed heart issues his physicians attributed to weight. The complaint does not plausibly allege that had the worker made a reasonable inquiry at the time of his diagnosis he would likely not have found he was part of the class, or able to show a causal connection between his exposure and symptoms. The claims are untimely.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 19, 2024, Case #: 23-30552, Categories: health Care, Tort, class Action
J. Matsumoto dismisses a securities fraud class action against Immunovant, a drug manufacturer, over alleged misstatements and omissions made regarding the development, testing and marketing of one of its autoimmune disease medications. The court finds disagreements over the parties’ competing interpretations of data obtained in clinical trials is not actionable under securities laws, thus the investors fail to plead material misrepresentations and scienter.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: March 29, 2024, Case #: 1:21cv918, NOS: Securities/Commodities/Exchange - Other Suits, Categories: health Care, Securities, class Action
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J. Corker denies the defendant health care entities' dismissal motion in this class action asserting claims for violations of the Racketeer Influenced and Corrupt Organizations Act, as well as claims for unjust enrichment and declaratory judgment, based on an alleged scheme of upcoding and overbilling. The court holds that the plaintiffs have sufficiently alleged the predicate RICO acts with the particularity required and "plausibly pleaded a RICO conspiracy claim."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: March 29, 2024, Case #: 3:23cv111, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: health Care, class Action, Racketeering
J. Flanagan denies a health insurance company’s motion to dismiss breach of contract claims brought by a class of its consumers after it denied them coverage of necessary medical treatment. Two men in the class both had diagnoses of prostate cancer and their providers proposed using an allegedly highly effective form of radiation treatment. The company denied their requested benefits through ERISA because its medical policies would not allow for this “investigational” treatment. However, the company’s third party investigation into the claims likely agreed with the company’s perspective even though it was contractually obligated to treat the men, giving them protection under the Unfair and Deceptive Trade Practices Act.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 26, 2024, Case #: 5:23cv354, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: health Care, Insurance, class Action
J. Oliver denies, in part, the insurance company's motion to dismiss, ruling the lead plaintiff has standing to pursue damages for disparate treatment under the Affordable Care Act despite no longer being a member of the insurance plan. The previous denials of benefits for artificial insemination procedures are traceable to the insurer and can be redressed through damages. However, because the lead plaintiff will not suffer future harm as a result of her leaving the plan, she cannot seek prospective relief through a declaratory judgment, and that portion of her complaint will be dismissed.
Court: USDC Connecticut, Judge: Oliver, Filed On: March 12, 2024, Case #: 3:22cv229, NOS: Other Civil Rights - Civil Rights, Categories: health Care, Insurance, class Action
J. Vyskocil dismisses this class action against the state alleging that individuals with intellectual disabilities faced long delays in moving from restrictive institutional facilities to community-based residential settings. Since filing the complaint, all class members have been found placements, so the case shall be dismissed for lack of jurisdiction.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: February 20, 2024, Case #: 1:22cv5045, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: health Care, Agency, class Action
J. Conley grants the patient's motion to remand back to the circuit court a class action claiming the health system, without consent, used tracking technology on its website to share patients' personally identifiable information and private health care information with third parties. The fact that the health system operates an online patient portal to access health care records does not mean it is acting under a federal officer or agency's authority and does not support removal of this lawsuit to federal court, even if the system did participate in the federal government's voluntary "meaningful use program" incentivizing giving patients online access to health care records. The case is remanded back to La Crosse County Circuit Court.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: February 8, 2024, Case #: 3:23cv694, NOS: Other Personal Injury - Torts - Personal Injury, Categories: health Care, class Action
[Consolidated.] J. Nardini finds that the district court properly dismissed class claims contending hospitals paid kickbacks to vendors concerning fees charged to patients seeking copies of medical records. No right of private action exists for unjust enrichment under public health law that requires per-page charges, and the same applies to allegations that the fee structure was deceptive under New York general business law. Affirmed.
Court: 2nd Circuit, Judge: Nardini, Filed On: January 29, 2024, Case #: 22-2928, Categories: health Care, Business Practices, class Action
J. Azrack grants preliminary approval to a class action settlement to resolve claims that a home health care provider failed to protect its patients’ digital personal and private healthcare information, which were stolen in a data breach. The court finds the settlement fair, reasonable and adequate and in compliance with judicial requirements. The court subsequently modifies the approval and orders litigant counsel to file a supplemental motion for attorney fees, costs, expenses and a service award 21 days before the final approval hearing.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: January 22, 2024, Case #: 2:21cv2061, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: health Care, Settlements, class Action
J. Owens finds that the lower court improperly tossed claims from a subclass in a class action against the health care employer of a nurse who, while on duty, exposed emergency department patients with hepatitis C while she was diverting narcotics for her own use. The court improperly dismissed claims from a subclass of patients who were not directly assigned to the nurse. These patients can still establish a fear of disease transmission and can show damages during the "window of anxiety" period. Reversed.
Court: Washington Supreme Court, Judge: Owens, Filed On: January 18, 2024, Case #: 101537-2, Categories: health Care, class Action
J. Choudhury affirms a magistrate judge’s order compelling the depositions of two New York State public health commissioners in a class action alleging the state’s health department and mental health office fail to provide certain mental health services to Medicaid-eligible children. The judge granted the motion after ruling the commissioners possess unique, firsthand knowledge regarding the claims and that information cannot be obtained through other means. The court finds the ruling without any clear error.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: January 11, 2024, Case #: 2:22cv1791, NOS: Other Civil Rights - Civil Rights, Categories: health Care, Medicaid, class Action
J. Smith finds a lower court properly dismissed a class of patients' medical privacy claims against a health system. The class of patients argued that the health system provided their personal information on Google and Facebook, in order to obtain incentive payments and targeted ads. However, the health system presented sufficient evidence that the information uploaded in its portal was "depersonalized" metadata, and that the online patient portal is not a "basic governmental task," which triggers a remand to State court. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: December 28, 2023, Case #: 23-1107, Categories: health Care, Privacy, class Action
J. Strickland grants the "medically fragile" minors' motion for class certification on their claims against the New Mexico Human Services Department regarding its alleged failure to provide private duty nursing staff, as required under the Medicaid Act. Testimony from health care providers established the requisite number of patients and shortfall of nursing care to satisfy commonality and numerosity requirements, while the differences in care requirements for the class members are not so distinct as to require individualized representation.
Court: USDC New Mexico, Judge: Strickland, Filed On: December 12, 2023, Case #: 1:22cv325, NOS: Other Contract - Contract, Categories: health Care, Medicaid, class Action
J. Womack finds the circuit court improperly denied the nursing center's motion to enforce arbitration and to compel class members to submit claims to arbitration. The court’s orders do not provide the rationale behind its decision, as required by the Arkansas Supreme Court's review of previous appeals, and the appeal cannot be properly reviewed. Due to the court’s failure to adhere to the court's instructions, the case is reassigned.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: November 30, 2023, Case #: CV-23-340, Categories: Arbitration, health Care, class Action
J. Fouratt grants the employees' motion for conditional class certification, ruling evidence indicating more than 200 individuals worked more than 40 hours per week without overtime pay satisfies typicality requirements, while modest differences between job duties among the prospective class does not prevent the use of a class action to settle the disputes collectively.
Court: USDC New Mexico, Judge: Fouratt, Filed On: November 22, 2023, Case #: 2:22cv579, NOS: Fair Labor Standards Act - Labor, Categories: health Care, class Action, Labor
J. Ford finds that the lower court granted the families' motion for class certification against a nursing home alleging residents were given inadequate care due to understaffing. Residents allegedly faced medication delays, unpalatable food, and sometimes sat in their own waste for hours at a time. The class has adequately shown that all residents of the nursing home were injured by the decline in services due to a change in ownership. Affirmed.
Court: New York Appellate Divisions, Judge: Ford, Filed On: November 1, 2023, Case #: 05495, Categories: health Care, class Action
J. Strickland grants, in part, the class's motion for conditional certification, ruling the worker's declaration of a uniform policy of auto-deduction of a meal break by the health care company satisfies commonality requirements and states a plausible claim under the Fair Labor Standards Act.
Court: USDC New Mexico, Judge: Strickland, Filed On: October 31, 2023, Case #: 1:23cv128, NOS: Fair Labor Standards Act - Labor, Categories: health Care, class Action, Labor
J. Wood finds the county court improperly certified this class action arising upon the medical group’s alleged violation of the Patient Right-To-Know Act by its failure to provide the terminated doctor with a list of his patients, or to inform the patients of the doctor’s new location. The predominance prerequisite was not satisfied. Being that not all of the doctor’s patients were affected, the court would have had to have made individual inquiries to determine whether the group failed to respond to any one patient’s request or if it misled patients. This was not done. Reversed and remanded.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: October 26, 2023, Case #: CV-23-42, Categories: Civil Rights, health Care, class Action
J. Peterson partially grants the health care system's motion to dismiss a proposed class action lawsuit from two self-insured employers claiming the system violated federal antitrust law by using price fixing, unfair contracts and other anti-competitive practices to acquire a stranglehold on the market for inpatient and outpatient care in north-central Wisconsin at higher than average prices to consumers. Most of the employers' claims are stated and supported plausibly enough to avoid dismissal, but two claims alleging the system's exclusive dealing and conspiratorial efforts to influence competitors to reject reference-based pricing are dismissed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: October 17, 2023, Case #: 3:22cv580, NOS: Antitrust - Other Suits, Categories: Antitrust, health Care, class Action
J. Daniel grants the American Board of Psychiatry and Neurology’s motion to dismiss an antitrust class action brought by a class of psychiatrists and neurologists. The class claims the board has illegal monopoly control over issuing certification for practicing psychiatrists and neurologists, via a specific certification program that practitioners must pay for. However, the court finds that the class has failed to sufficiently show how this program is distinct from other “continuing educational products” which are offered by other providers.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 4, 2023, Case #: 1:19cv1614, NOS: Antitrust - Other Suits, Categories: Antitrust, health Care, class Action
J. Allen grants Veterans Affairs’ motion to dismiss this appeal from the Army veteran’s claims for compensation for an aneurysm, service connection for depression, kidney failure and residuals of a stroke. The veteran sought to have the court hold that a 2020 notice of disagreement was timely, and the board provided that relief. On Sept. 7, 2023, the Board acted on the appeal and the only substantive issue, of whether the veteran’s VA Form 10182 was timely, has been fully resolved. The appeal is dismissed as moot; and there are no exceptions to mootness based on appellant’s pending request for class certification that would support a proceeding to address the merits.
Court: Court Of Appeals For Veterans Claims, Judge: Allen, Filed On: October 4, 2023, Case #: 20-2365, Categories: health Care, Veterans, class Action