Tag: Lawsuit

PETERBOROUGH, N.H. – SoClean has filed an amended complaint in its lawsuit against Philips that takes into account a new inspection report from the U.S. Food and Drug Administration.  The company highlighted the following points in the amended complaint:  “Philips has known for years that the company’s products created a serious risk of harm to consumers.”  “The FDA report also confirmed that Philips had been receiving customer complaints...

ALEXANDRIA, Va. – A group of nine pharmacy associations, including the National Community Pharmacists Association, has filed a friend of the court brief in the Eighth Circuit of the U.S. Court of Appeals defending North Dakota’s right to regulate pharmacy benefit managers. The case, Pharmaceutical Care Management Association (PCMA) v. Wehbi, is the first to consider at the federal appellate level the scope of the U.S. Supreme Court’s unanimous decision last year upholding an Arkansas...

ALEXANDRIA, Va. – The National Community Pharmacists Association has filed a federal lawsuit against the U.S. Department of Health and Human Services over direct and indirect remuneration fees that it says are driving small business neighborhood pharmacies out of business. The lawsuit alleges that the fees are without reasonable transparency, and they conceal from patients and taxpayers the true cost of prescription drugs. “Pharmacy clawbacks are fundamentally dishonest...

WASHINGTON - CGS, the DME MAC for jurisdictions B and C, will be conducting complex post-pay reviews for surgical dressings and knee orthoses, according to AAHomecare. CGS will be reviewing A6196 and A6212, and L1833 and L1851. The DME MAC is conducting the reviews due to data analysis that showed “significantly above expected amounts.” Surgical dressings and knee orthoses also ranked No. 5 and No. 9, respectively, in total CERT improper payment rates. The reviews will include only claim...

INDIANAPOLIS - A judge has granted a motion to freeze certain assets of Priority Healthcare Corp., the latest development in a lawsuit over “unwarranted rebates.”In a lawsuit filed in September 2018, Roche, a manufacturer of diabetes testing supplies, says it paid $37.5 million of “unwarranted” rebates to insurance companies and their pharmacy benefit managers for claims submitted by PHC between Jan. 1, 2013, and the end of the first quarter of 2018.This latest motion, issued...

HOUSTON - Apria Healthcare is suing a former office administrator at its office here for allegedly taking and reselling CPAP devices since 2014, according to the Southeast Texas Record. Apria filed a complaint on July 9 in Harris County District Court against Rebecca Bowman, alleging breach of fiduciary duty, conversion, exemplary damages, breach of contract and violation of the Texas Theft Liability Act. Apria hired Bowman as office administrator for the Houston office in 1997, but the company says...

YAKIMA, Wash. - Howard's Medical has settled its lawsuit against Daryl Bullard, a former employee, and National Seating & Mobility, his new employer, out of court for more than $40,000, says CEO Erik Mickelson.The lawsuit alleged that Bullard violated a non-compete agreement and transferred confidential company information, and that NSM took no action to stop him.“We have now defended two non-competes in the last seven years,” Mickelson said. “I am a strong proponent of local businesses...

WASHINGTON - A group of HME industry stakeholders has officially launched dmecbpeducation.com, a website for providers to learn about the changes in Round 2021 of competitive bidding and to prepare their bids.“Informed bidding will help sustain DME businesses, ensuring that patients' access to life-changing medical equipment remains steady, stable and secure,” said Tom Ryan, president and CEO of AAHomecare.Stakeholders had already loaded the website with bid calculators that allow providers...

SAN DIEGO - ResMed has filed a new petition with the U.S. International Trade Commission to stop the alleged infringement of its patented technology by New Zealand-based Fisher & Paykel Healthcare. ResMed seeks an order banning the importation and sale in the U.S. of F&P's Simplus full-face mask, Eson nasal mask and Eson 2 nasal mask for allegedly infringing five ResMed patents related to mask system and cushion design. ResMed has also filed a new lawsuit in the U.S. District Court for the Southern...

CLEARWATER, Fla. - Rotech Healthcare has agreed to pay $9.68 million for submitting false claims for portable oxygen contents to Medicare, according to an April 12 press release from the Department of Justice.As part of the settlement, Rotech admitted to billing portable oxygen contents to Medicare for beneficiaries who did not use or require them. Additionally, the company admitted to billing Medicare regardless of whether such contents were delivered, the release states.“This settlement serves...