Showing 3 posts from May 2013.
Obama Administration’s Final Rules On Wellness Programs
Yesterday, the Obama administration released final rules on employment-based wellness programs as a further implementation of the Affordable Care Act. The final rules purport to support workplace health promotion and prevention as a means to reduce long term costs associated with chronic illness The final rules will be effective for plan years beginning on or after Jan. 1, 2014. The rule was issued May 29. To view the final rule, click here.
Author: James H. McMackin III is a Partner in the Employment Law Practice at Morris James LLP.
ShareManaging Healthcare Litigation: Three Tips for Making Sure Your Money is Well Spent on Experts: Masimo Corporation v. Philips Electronics North America Corporation, et al., C.A. No. 09-80-LPS-MPT, May 20, 2013
Posted In Health Care, Patent Infringement
Most healthcare related litigation involves some kind of expert testimony. It may be used to establish anything from the value of a dissolving physician practice to the standard of care for treating a patient. This particular case involved alleged infringement of a patent for pulse oximetry products, which measure hemoglobin levels non-invasively. Judge Thynge issued a report and recommendation excluding key portions of a defendant’s expert testimony. The excluded testimony sought to establish that an alleged patent infringement caused damages due to lost profits.
However, the Court excluded the expert’s testimony due to his expert’s unfamiliarity with the Food and Drug Administration’s requirements regarding approval of this type of medical equipment. Also, the expert had not interviewed the plaintiff’s customers with regard to More ›
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Medicare Cutbacks + Delaware's Aging Population: They Are Coming but We're Not Building It (Except Sometimes Below the Canal)
