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Motion to dismiss denied for North Carolina pharmacy accused of fraudulent billing scheme
A motion to dismiss False Claims Act complaints against two North Carolina pharmacists and their company was denied because the claims were sufficiently pled.
State fraud claims against stem cell practice cannot be tried in federal court
A medical services company accused of state law consumer fraud failed in its bid for the case to be tried in federal court. Although the complaint invoked misrepresentations concerning FDA regulation...
Non-manufacturing seller of medical device exercises reasonable care
Claims against a non-manufacturing seller of a medical device warranted dismissal as the patient failed to plausibly allege that the seller failed to exercise reasonable care.
PMA preemption applied where doctor ordered off-label device
Patient’s medical device claims were federally preempted as to injuries occurring after her doctor put hydromorphone into the device that was only approved for three other medications.
Allegations of termination or reduction in Medicaid services plausible violation of Constitutional rights
Arkansas Medicaid officials who terminated or reduced beneficiaries’ home and community-based services (HCBS) program benefits despite their having filed timely appeals were liable in both...