Friday, March 18, 2011

FindLaw Health Care Summaries - March 11-March 17, 2011

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Weekly Opinion Summaries
Health Care Cases

March 11-17, 2011 FindLaw.com Weekly Health Care Newsletter
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Health Care Cases

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Health Care Cases

United States First Circuit, 03/11/2011
Commonwealth of Massachusetts v. Sebelius, No. 09-2392
In a case arising under the Medicare Statute, a Rule 12(b)(6) dismissal by district court is affirmed where plaintiff alleged that defendants violated the statute when they refused it direct reimbursements in four cases of retroactive dual eligibility. Read more...

United States Ninth Circuit, 03/15/2011
Los Angeles Haven Hospice, Inc v. Sebelius, No. 09-56391
In a dispute challenging the validity of the hospice cap regulation, 42 C.F.R. section 418.309, judgment by district court invalidating regulation is affirmed because the hospice cap regulation is facially invalid under the first prong of Chevron v. Natural Resources Defense Council. Read more...

United States Federal Circuit, 03/15/2011
Masias v. Secy. of Health and Human Servs., No. 2010-5077
In a case involving the proper calculation and award of attorneys fees under the National Childhood Vaccine Injury Act, 42 U.S.C. sections 300aa-10 to -34, denial of motion to review award of attorneys fees by plaintiff is affirmed, where special master did not err in not applying a Laffey Matrix rate and in awarding attorneys' fees at a lower rate. Read more...





California Court of Appeal, 03/14/2011
Behr v. Redmond, No. E048333
In an action alleging tortious transmission of genital herpes, judgment and award in favor of plaintiff is affirmed in part and reversed in part where, among other grounds: 1) there is sufficient evidence supporting liability; 2) defendant waived his argument concerning special verdict; and 3) award of damages for future medical expenses is excessive. Read more...

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