News

AOC Report Pans Statewide Veterans Court System

Rep. John Ragan, R-Oak Ridge, last year proposed legislation to set up a statewide framework for veterans’ treatment courts, which would operate much like drug courts. During consideration, the bill was amended to instead call for a study of the matter by the Administrative Office of the Courts. The recently released report is far from supportive of the idea, finding that establishing a statewide system in 2013 is “neither necessary or preferable,” Knoxnews.com reports. Instead, the AOC maintains that the “most effective and cost-efficient method of assisting … [veterans] is to permit each judicial district to retain the discretion to address this issue after considering available resources and the needs of the relevant population."

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Medical Center to Pay $883K Settlement over False Claims Charges

Wayne Medical Center, a hospital under the Maury Regional Medical Center umbrella, has agreed to pay $883,451 to the U.S. government to settle False Claims Act allegations self-reported by the hospital regarding the billing for ambulance transport as part of its emergency medical services. By reporting the allegations, Wayne Medical Center potentially saved itself thousands of dollars in fines, in addition to a costly investigation. The Nashville Business Journal has the story.

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Court Rejects Medicare Challenge, Considers Class Action Limits

The U.S. Supreme Court this week turned away a challenge from former House Majority Leader Dick Armey and other Social Security recipients who say they have the right to reject Medicare in favor of continuing health coverage from private insurers. The justices did not comment in letting the federal appeals court ruling stand, reports The Memphis Daily News. Also this week, the court considered what limitations could be placed on class-action lawsuits. The issue is whether plaintiff lawyers reduce estimates of the damages they seek or use procedural loopholes to keep cases in state court, where according to Justice Antonin Scalia, “generous juries” and “very favorable judges” can be common. The justices appeared receptive to the argument that lawyers artificially lower the amount of money at stake to keep suits in state courts, reports the Washington Post.

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Pharmacy Blames Cleaning Company for Meningitis Outbreak

The Boston Globe reports that the New England Compounding Center -- the pharmacy linked to the nationwide meningitis outbreak -- is attempting to get its cleaning contractor to take responsibility for problems in its factory. The firm, UniFirst, acknowledges that a subsidiary helped clean portions of the pharmacy’s cleanroom facility, but a spokesperson called the claims “unfounded and without merit.”

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HCA Hires Former Bass Partner

Health care law expert Scott Noonan of Bass Berry & Sims has resigned in order to assume the role of vice president and operations counsel at HCA on Jan. 7, the Nashville Post reports. Noonan replaces Steve Clifton who occupied the chief legal position for more than 18 years.

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Attorneys Request Consolidation of Meningitis Lawsuits

At least 50 lawsuits in nine states have been filed against the New England Compounding Center, (NECC) the Massachusetts pharmacy that supplied tainted steroid injections resulting in more than 500 illnesses and 37 deaths from fungal meningitis. To streamline the process, attorneys on both sides are asking for multidistrict legislation in which a single judge will preside over the pretrial and discovery phases for all of the federal lawsuits, but the each suit would eventually be returned to judges in their original district for trial. The Jackson Sun has the story.

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GOP Supports Gov. Haslam's Health Exchange Decision

Despite regular opposition to expanding the role of the federal government, most Tennessee Republicans support Gov. Haslam’s decision to reject a state-run health insurance exchange in favor of a federally-run program, the Chattanooga Times Free press reports. After Haslam’s announcement Monday, there were no recriminations for his deference to the federal government. However, a statewide poll conducted by Vanderbilt University found that 53 percent of the 829 respondents favored a state-run exchange versus the 33 percent who did not.

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Tennessee Turns to Feds for Health Exchange

Gov. Bill Haslam said today he will let the federal government set up a health insurance exchange in the state, rather than establish a separate state-run system. Haslam made his remarks during a meeting of the Nashville Rotary Club. In explaining his decision, Haslam said there is still a lot of uncertainty about how a state exchange would work and that draft regulations he has seen led him to conclude there would be little flexibility or autonomy for the state-run systems. The Nashville Business Journal has details.

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Tensions Mount over Health Care Exchange

State House Republican Majority Leader Gerald McCormick sounded off Monday against a possible state-run insurance exchange under the federal health care overhaul, according to WPLN. That’s at odds with Gov. Bill Haslam, who has hinted he might prefer the state option. By contrast, McCormick argues there’s too much fine print still waiting to be written. “At this point I don’t think there’s a snowball’s chance of that happening. We’re not going to set up a state exchange unless we really have some detailed information on it and it becomes favorable for the state of Tennessee to do so in a way that cannot be reversed. And I just don’t see that happening based on past experience with the federal government.”

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Haslam Delays Decision on State Health Care Exchange

Gov. Bill Haslam announced today that he is postponing a decision on whether Tennessee will create its own insurance exchange or let the federal government do it, the Chattanooga Times Free Press reports. Haslam is taking advantage of the month-long deadline extension the Obama administration granted upon Rebublican governors’ request.

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Catholic Nonprofits Sue over Contraceptive Mandate

Some Catholic nonprofit organizations in Nashville are asking a federal judge to prevent them from having to provide contraceptive coverage to their employees as mandated in the Affordable Care Act, the Tennessean reports. Villa Maria Manor, Mary Queen of Angels and the Saint Mary Villa Child Development Center are three of the plaintiffs in particular who are seeking a safe harbor period during which the mandate would not be enforced for some religious nonprofits while officials revise it to try to accommodate their concerns. 

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TennBarU Offers CLE on the Affordable Care Act for General Practitioners

The election is over, and implementation of the Affordable Care Act is now very real and very near. Your clients and your firm have little time to grasp the fundamental changes that will be taking place in health care over the next 13 months as governments, insurance companies, health care providers and employers make the changes called for in the law. On Dec. 7, TennBar U will present a program that will help you get up to speed on the Affordable Care Act and help you serve your clients. Sessions include an overview of the Affordable Care Act, how to advise your small to mid-sixe business owner, a session on what lawyers need to do for law firm management, and answers to the top 10 questions your clients will ask.

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Tenn. Lawyers Head to D.C. for Meningitis Hearings

Linda Lovelace, widow of Judge Eddie C. Lovelace who died in September after being exposed to tainted steroid injections in Nashville, has been invited to testify at the congressional hearings in Washington, D.C. against the New England Compounding Center that is accused of shipping thousands of vials of contaminated drugs across the country. Lawyer Mark P. Chalos with Lieff Cabraser Heimann & Bernstein, along with another attorney and client, were invited to the hearings as well. Chalos’ firm represents several affected families across the county, including at least four in Tennessee. The Tennessean has the story.

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Tennessee Faces Deadline on Health Exchanges

State officials appear divided on whether to create a Tennessee health insurance exchange program or leave the job to the federal government. With a deadline for the decision approaching next week, Gov. Bill Haslam tells WPLN News that he’d rather the state run its own program, but GOP leaders in the legislature may have other ideas.

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Lipscomb Doc Series Explores Health Care Issues

Lipscomb University’s HumanDocs Film Series will present “The Waiting Room” Wednesday at 8:30 p.m. in Shamblin Theatre on campus. The film explores the nation’s health care system by weaving together the stories of patients and caregivers at a public hospital in Oakland. A panel discussion featuring Tennessee Justice Center director Gordon Bonnyman, medical student Italo Brown and veteran emergency room physician Harold Smith will take place before the screening.

Lawmakers Issue Subpoena for Meningitis-linked Pharmacy Director

Congressional lawmakers have issued a subpoena for the director of the Massachusetts pharmacy linked to the deadly meningitis outbreak, the Elizabethton Star reports. The subpoena came after a lawyer for Barry Cadden, co-founder of New England Compounding Center --  where the contaminated steroid shots were distributed from -- told lawmakers he would not voluntarily attend a congressional hearing.

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Vanderbilt, Legal Aid Make News for Partnership

Many patients at Vanderbilt University’s Shade Tree Clinic are there because of chronic health conditions that are aggravated by where and how they live. In addition to medical treatment, these individuals usually need some kind of entry into the legal or court system to resolve those issues. A medical-legal partnership between the clinic and the Legal Aid Society in Nashville is helping bridge that gap. A story in the Nashville Ledger looks at the collaboration and how it is working to improve the prevention side of medical care.

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McMinnville Widow Sues after Wife's Meningitis Death

A McMinnville widower has filed a lawsuit against Massachusetts-based New England Compounding Center after his wife died of meningitis from an infected steroid shot produced by the company, WSMV.com reports. His lawyer is requesting $50 million in damages. According to recent updates, the Center for Disease Control has confirmed 297 cases of fungal meningitis in 16 states with 23 deaths. The Nashville City Paper reports on other meningitis suits.

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Meningitis-Related Suit Filed in Columbia

A Maury County couple is seeking $12.5 million in a meningitis-related lawsuit filed Friday in Columbia. Basil McElwee received steroid injections at St. Thomas Outpatient Neurosurgical Center in Nashville on Aug. 20 and Sept. 4, became seriously ill and is currently hospitalized there, the lawsuit says. Columbia attorney Patrick Carter is representing the McElwees in their suit against New England Compounding Pharmacy, manufacturer of the injectable steroid.

Ethics Complaint Filed Against DesJarlais

The D.C. based organization Citizens for Responsibility and Ethics in Washington has filed a complaint with the Tennessee Department of Health against U.S. Rep. Scott DesJarlais, alleging that he engaged in a sexual relationship with a female patient he was treating for a medical condition. The group filed the complaint after a news story suggested that DesJarlais pressured a patient with whom he was involved to seek an abortion. According to the Nashville City Paper, the congressman says he knew the woman was not pregnant and was using "strong language" in hopes she would admit the truth.

In related news, the Chattanooga Times Free Press is reporting that the Tennessee Conservative Union (TCU) is debating whether to ask DesJarlais to resign his seat. It also indicates that TCU Chairman Lloyd Daugherty is talking with other Republican-leaning groups to see if a coalition can be built to demand the doctor’s resignation from Congress.

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Meningitis Suit Filed in Nashville

The Nashville law firm of Kinnard, Clayton and Beveridge yesterday filed what it says is the first meningitis-related suit in the state stemming from contaminated steroid injections at area hospitals. The plaintiff is a 71 year-old Hendersonville woman who says she was infected with fungal meningitis in August after receiving a steroid injection at Saint Thomas Hospital. The suit seeks $15 million for medical expenses and pain and suffering. Randall Kinnard, a principal at the firm, said the lawsuit is the first of at least a dozen more he plans to file on behalf of area victims. The Tennessean reports on the case

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Legal Battle May be Brewing Over Malpractice Caps

Legal opposition to the Tennessee Civil Justice Act of 2011 has been filed in federal court, arguing that Gov. Bill Haslam’s landmark tort law is unconstitutional The Tennessean reports. Nashville lawyer David Randolph Smith, who led the legal fight against the guns-in-bars law and the English-only ballot measure in the state, filed the suit. Federal Judge Kevin H. Sharp could either rule on the issue or send the question to the state Supreme Court.

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First Federal Suit Filed in Meningitis Outbreak

According to most recent reports, 15 new cases of fungal meningitis were announced today, bringing the nationwide total to 184. As that number continues to grow, a group of plaintiffs have filed the first federal class action suit against the Framingham, Mass., pharmaceutical company alleged to be the source of the contaminated spinal steroids. The suit, filed in a U.S. District Court in Minnesota, charges that the company “had a duty to use reasonable care in designing and manufacturing the methylprednisolone acetate steroid doses such that they are not unreasonably dangerous.” The Tennessean has the story

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Lawsuits from Meningitis Outbreak Expected to Rise

Legal experts foresee lawsuits related to the meningitis outbreak to grow, News Channel 5 reports. According to recent reports, there have been 39 cases of infection and six deaths in Tennessee, while the national death toll has risen to 11. While no suits have been filed yet, many law firms say they have been contacted about legal rights regarding the outbreak.

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Health Law, Supreme Court Boot Camp See Record Numbers

Tennessee lawyers had lots of options last Thursday and Friday to learn more about health law, as well as how to practice before the state Supreme Court. First, nearly 300 attorneys attended the 24th Annual Health Law Forum in Cool Springs and a record number attended the Health Law Primer the day before. At the meeting, Section Chair Walt Schuler introduced next year’s chair, Angela Youngberg, and vice chair, Christie Burbank, during the group’s annual business meeting. Just down the road, the 2012 Supreme Court Bootcamp, sponsored by the TBA's Appellate Practice Section, was underway, bringing more than 20 attorneys to Nashville for the annual program, which included skills building sessions and a trip to the Supreme Court, where attendees observed two oral arguments then took part in a debriefing with the attorneys who argued the cases. See a picture of the group.

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