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Beware of Internet Pharmacies

Posted  07/11/13
By Gordon Schnell If they seem like they are too good to be true, they most likely are.  That was the central message coming out of the latest FDA sweep of Internet pharmacies.  It resulted in the shuttering of 1,677 pharmacy websites for selling counterfeit, substandard or unsafe drugs.  Thousands more received regulatory warnings.  It was all part of the FDA's ongoing global crusade -- in partnership with...

Tagged in: Healthcare Fraud,

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Supreme Court Further Limits Liability of Generics for Faulty Drugs

Posted  07/3/13
By Gordon Schnell In what is being hailed as a major victory for generic drug makers (but not necessarily for consumers), the Supreme Court ruled last week that these companies cannot be held liable for defects in the design of their products.  The decision follows from the Court's 2011 ruling that similarly shielded the generics from liability for inadequate safety warnings on their drug labels.  Taken together,...

Tagged in: Defective Products, Healthcare Fraud, Pharma Fraud,

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Breaking Further into the Black Box of Hospital Pricing

Posted  05/15/13
By Gordon Schnell It was only a few months ago that a groundbreaking study out of the University of Iowa's Carver College of Medicine empirically demonstrated what we pretty much already know about hospital pricing.  That it is subject to a complete lack of transparency and a total disconnect from the regular forces of supply and demand.  The study surveyed 120 hospitals across the country on their pricing for a...

Tagged in: Healthcare Fraud,

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More Doctors Speak Out on the High Cost of Cancer Drugs

Posted  05/3/13
By Gordon Schnell It is becoming a more common occurrence these days.  Doctors taking a strong and very public stand against what they perceive to be out-of-control pricing for cancer drugs.  A few months ago, it was the famed Memorial Sloan-Kettering Cancer Center refusing to use for its patients a new drug called Zaltrap for treating advanced colorectal cancer.  Now, it is a global gathering of prominent...

Tagged in: Healthcare Fraud,

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Pharmaceutical Case Presents Novel Use of False Claims Act

Posted  05/1/13
(As reported in Thomson Reuters) When you think of a whistleblower, you might think of an employee reporting on the misconduct of some giant corporate employer -- a David versus Goliath scenario.  On Friday, Reuters reminded us that this is not always the case, reporting on a False Claims Act lawsuit brought by a very different kind of whistleblower -- a corporate competitor.  In this case, Amphastar...

Tagged in: FCA Federal, Pharma Fraud,

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Caffeine Overload – Continued Concerns Over Health Risks of High Energy Drinks on Kids

Posted  04/16/13
By Gordon Schnell They are supposed to be an antidote to the fast-paced, frenzied life we lead where there is too much to do and not enough time to do it.  At least that is one of the ways so-called high energy drinks are marketed.  These are those highly concentrated caffeine concoctions sold by the likes of Monster Beverage, Red Bull and Rockstar Energy which are designed to give you that extra boost when you...

Tagged in: Healthcare Fraud,

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High Court to Hear Argument on Whether Injured Patients Can Hold Generic Drug Makers Accountable for Their Defective Drugs

Posted  03/13/13
By Jason Enzler Next Tuesday the Supreme Court is scheduled to hear oral argument on Mutual Pharmaceutical’s appeal of a $21 million jury award for serious injuries caused by one of its generic drugs.  Much more is at stake than the money, however, with many expecting the Justices to set out a broad rule on whether any patient can sue a generic drug maker for defects in the design of its drug. The underlying...

Tagged in: Defective Products, Healthcare Fraud, Pharma Fraud,

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Buying Blind – New Study Shows Continued Lack of Transparency in Healthcare Pricing

Posted  02/28/13
By Gordon Schnell It has been talked about for years as a way to rein in the runaway costs of healthcare in this country -- making price matter to the consumer.  That is how it is with every other kind of purchase.  Whether it is a car, a house, a college education, a new pair of sneakers, or even a quart of milk, virtually everyone weighs heavily into their purchase decision what it is ultimately going to...

Tagged in: Bundling and Unbundling, Healthcare Fraud,

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A Hot Year for Health Care Fraud Recoveries

Posted  02/25/13
By Marlene Koury The coordinated efforts of the Departments of Justice (DOJ) and Health and Human Services (HHS) have resulted in a record breaking $4.2 billion in health care fraud recoveries in fiscal year 2012.  The agencies are required to collaborate under the Health Care Fraud and Abuse Program, which is a joint DOJ/HHS effort to coordinate federal, state and local law enforcement activities to crack down on...

Tagged in: Healthcare Fraud,

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Blaming the Whistleblower – Court Rejects Novel Defense to False Claims Act Charges

Posted  02/21/13
By Gordon Schnell It would seem on its face to be a rather brazen approach to defending a False Claims Act lawsuit.  A healthcare company is charged with defrauding Medicare by billing it for medications the company never provided its patients.  The company not only denies the wrongdoing.  It goes one step further by arguing that, if there were any such misconduct, it was the whistleblower's fault by not...

Tagged in: Court Decision, Healthcare Fraud,

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