From Pfizer countersuing Moderna to the Texas Medical Association filing a third case challenging the No Surprises Act, here are eight healthcare industry lawsuits and settlements Becker's has reported since Nov. 29.
1. Northeast Hospital to pay $1.9M to settle allegations it failed to keep proper records of opioids
Northeast Hospital Corp., part of Cambridge, Mass.-based Beth Israel Lahey Health, agreed to pay $1.9 million to resolve allegations that it violated the Controlled Substance Act by failing to keep accurate records of opioids. The Drug Enforcement Agency began investigating Northeast after it reported on March 22, 2018, that a staff member stole 17,846 dosage units of controlled substances, including fentanyl, Percocet and oxycodone, over more than a year.
2. Pfizer countersues Moderna in COVID-19 vaccine patent infringement case
Pfizer and BioNTech filed a countersuit against Moderna over their rival COVID-19 vaccines made from the same mRNA technology. Moderna filed suit against Pfizer in late August and accused the drugmaker of infringing on patents and copying its mRNA technology "without ever requesting a license."
3. Massachusetts hospital to refund patients for losses after data breach
Attleboro, Mass.-based Sturdy Memorial Hospital has settled a lawsuit for a Feb. 9, 2021, data breach that compromised the protected health information of 60,000 current and former patients. The lawsuit, filed in September 2021, alleged that the health system "maintained the private information in a reckless manner" on a system and network that was "vulnerable" to a data breach.
4. CVS, Walgreens, Walmart appeal Ohio $650M opioid ruling
CVS, Walgreens and Walmart have appealed a ruling that ordered them to pay $650 million for fueling the opioid epidemic in two Ohio counties, arguing the case should be thrown out or a new trial introduced. The companies argued there was never any proof they had violated the federal Controlled Substances Act through dispensing the drugs.
5. Aetna settles 239-person class suit over spine surgery coverage
Aetna Life Insurance reached a settlement to resolve a 239-person class action lawsuit over its coverage of lumbar artificial disc replacements. The settlement concludes a yearslong saga that began with a 2019 lawsuit alleging Aetna denied coverage for lumbar artificial disc replacements, violating the Employee Retirement Income Security Act.
6. UnitedHealthcare loses to TeamHealth — again — over alleged underpayments
A three-judge arbitration panel in Florida ruled that UnitedHealthcare must award $10.8 million to a TeamHealth clinician group for underpayments from 2017 to 2020. The verdict is the latest in a contentious legal history between the payer and the Knoxville, Tenn.-based physician staffing company. A jury ruled in December 2021 that UnitedHealthcare must pay $60 million in punitive damages after losing a Nevada lawsuit against TeamHealth over thousands of provider underpayments for emergency services. TeamHealth medical groups have eight additional lawsuits pending across the country challenging the payer's alleged underpayment practices.
7. Texas Medical Association files 3rd lawsuit challenging No Surprises Act
The Texas Medical Association has filed another federal lawsuit challenging the No Surprises Act, arguing in its latest suit that portions of the rule "artificially deflate the qualifying payment amount." The group said it is challenging provisions of the rule that allegedly "skew negotiations in favor of health insurers so strongly that health insurers will force physicians out of insurance networks and physicians will face significant practice viability challenges, struggling to keep their doors open in the wake of the pandemic."
8. Fired CEO sues MetroHealth over alleged open meetings law violations
Akram Boutros, MD, who was fired as president and CEO of Cleveland-based MetroHealth System, has filed a lawsuit against the organization's board of trustees and board Chair Vanessa Whiting. In the suit, he alleges the board violated Ohio's Open Meetings Act and the board bylaws and asks the court to nullify his termination for cause.