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Aug 6 – Here are some upcoming events of interest to the health community. All times are local.
Monday, Aug. 9
9 a.m. – The 9th U.S. Circuit Court of Appeals will hear arguments over whether to overturn the certification of a class of consumers suing Ramesh Balwani, former COO of blood testing company Theranos, and Walgreens Boots Alliance, which offered the company’s purportedly revolutionary tests in its stores. Theranos collapsed after it was revealed that its claims of having developed technology to run a wide array of tests on a single drop of blood were false, and the results of its tests often inaccurate. Senior District Judge H. Russel Holland in Phoenix, Arizona, certified the class last year.
The case is B.P. et al v. Balwani et al, 9th U.S. Circuit Court of Appeals, No. 20-15974. For plaintiffs: Melissa Gardner of Lieff Cabraser Heimann & Bernstein. For Balwani: Steve Rummage of Davis Wright Tremaine. For Walgreens: Robert Hochman of Sidley Austin.
Wednesday, Aug. 11
9 a.m. – A UnitedHealth Group Inc unit will urge the 9th U.S. Circuit Court of Appeals to overturn a district court’s finding that it unreasonably denied mental health and substance abuse coverage, requiring it to reprocess 67,000 claims. A group of health plan beneficiaries in a 2014 class action accused United Behavioral Health UBH of violating the Employee Retirement Income Security Act by using internal coverage guidelines for mental health and substance abuse services that did not reflect generally accepted standards of care. In March 2019, following a bench trial, Chief Magistrate Judge Joseph Spero of the U.S. District Court for the Northern District of California ruled in favor of the plaintiffs. The U.S. Secretary of Labor, state of California and healthcare groups including the American Psychiatric Association have filed amicus briefs in support of the plaintiffs.
The case is Wit et al v. United Behavioral Health, 9th U.S. Circuit Court of Appeals, No. 20-17363. For UnitedHealth: Miguel Estrada of Gibson, Dunn & Crutcher. For the plaintiffs: Caroline Reynolds of Zuckerman Spaeder.
Thursday, Aug. 12
9 a.m. – The United Network for Organ Sharing, a nonprofit entity that manages the U.S. organ transplantation system, will urge the 11th U.S. Circuit Court of Appeals to reverse a district court order that internal emails be unsealed. That order came as part of a lawsuit by liver transplant centers and patients challenging a 2019 federal policy giving priority for liver transplants to patients with the most urgent medical need living within a 500-mile radius of the donor hospital, and replaced an older system based on set geographic regions. UNOS argues that the plaintiffs are seeking to use the emails for a public campaign against the organization.
The case is Callahan et al v. United Network for Organ Sharing, 11th U.S. Circuit Court of Appeals, No. 20-13932. For UNOS: Linda Coberly of Winston & Strawn. For plaintiffs: Yaakov Roth of Jones Day.
10 a.m. – U.S. Bankruptcy Judge Robert Drain will hold a hearing on the approval of OxyContin maker Purdue Pharma LP’s bankruptcy reorganization plan. The company and its Sackler family owners have proposed a $10 billion settlement to resolve more than 3,000 lawsuits accusing them of fueling the nationwide opioid epidemic. Purdue’s creditors have voted strongly in favor of the plan. His approval is required for the deal to become effective.
The case is In re Purdue Pharma LP, U.S. Bankruptcy Court, Southern District of New York, No. 19-bk-23649. For Purdue: Marshall Huebner of Davis Polk. For the U.S. Trustee: Paul Schwartzberg.
Know of an event that could be included in Week Ahead in Health? Contact Brendan Pierson at brendan.pierson@thomsonreuters.comread more
Week Ahead in Health: Aug. 9, 2021 – Reuters
