Media Mentions
2011
“Fla. Hospital not Immune from FCA Suit, Judge Rules”
Law360, June 7, 2011
Anthony Upshaw, T. Reed Stephens, David Crump and Amandeep Sidhu were noted as McDermott’s counsel in defense of a Daytona Beach, Florida medical center against Fair Claims Act allegations made by an employee.
David O. Crump, Amandeep S. Sidhu, T. Reed Stephens, Anthony N. Upshaw, Health, Trial
“Fla. Hospital Not Immune to FCA Suit, US Says”
Law360, April 6, 2011
T. Reed Stephens, representing a Florida hospital that faces a False Claims Act action in federal court, said his client is taking the lawsuit allegations very seriously, but thinks the suit should be dismissed. The hospital contends it is a state agency and, under the 11th Amendment, cannot be sued in federal court by the plaintiff, its director of physician services.
2010
T. Reed Stephens and Ankur Goel were featured in a June 9 BNA Health Law Reporter story on an expected increase in Stark Law fraud and abuse litigation by the Department of Justice against health care providers. Mr. Stephens warned that technical violations, as opposed to outright fraud, would still trigger litigation, and advised providers to proactively review physician agreements and self-disclosure options. Mr. Goel agreed that “prospective corrective action is the first thing you need to do if you discover a violation. It’s important to take action through the lens of how it will be included in a disclosure.” Mr. Goel added that such actions could include terminating affected physician relationships, making refunds related to prohibited referrals, or providing a disclosure report to one of several federal enforcement agencies.
Ankur J. Goel, T. Reed Stephens, Health
Paul Radensky and T. Reed Stephens were interviewed on April 16 by BNA’s Daily Health Care Report concerning the impact of the health reform law on the life sciences industry. Mr. Radensky discussed the greater opportunities for drug and medical device makers through the bill’s national long-term care insurance program and its mandated coverage for routine care in clinical trials. However, he also cited cost pressures that the industry will face both from health care providers and from an independent advisory board that will set Medicare reimbursement rates. Mr. Stephens noted that fees and taxes in the bill also will have a negative impact on life sciences companies. He singled out as examples the pharmacy benefit manager provision on the pricing of generic drugs, the required annual fee on dispensing brand-name drugs, and the new tax on medical device manufacturers.
Paul W. Radensky M.D., T. Reed Stephens, Health, Life Sciences & Medical Products, Life Sciences - Health
Reed Stephens told Law360 on January 1 that Bates and Patrick v. Unnamed Defendant will be a particularly important health law case in 2010. The case involves a nationwide Department of Justice investigation into false Medicare claims for kyphoplasty spinal surgery, and Mr. Stephens said that it “highlights the real risk associated with the relationship between pharmaceutical and device manufacturers and hospitals and doctors.” He added that providers must be able to prove that the procedures they bill for are medically necessary. Mr. Stephens represents a provider client in a similar case, which he sees either moving toward a “reasonable” resolution or to trial if the government is too aggressive.
T. Reed Stephens, Health, Health Care Litigation, Life Sciences & Medical Products, Trial
2009
T. Reed Stephens was quoted in a March 30 story in The National Law Journal concerning letters about marketing practices sent by the Food & Drug Administration (FDA) to pharmaceutical companies. State attorneys general increasingly use the letters to sue those companies for false advertising. Mr. Stephens urged companies who receive such letters to assess their marketing practices for compliance problems, adding that "[w]hen you get this type of regulatory action from the FDA that's public, you do need to take proactive measures to better understand what's going on under the hood of your car."
T. Reed Stephens, Government Strategies, Health, Life Sciences & Medical Products, Life Sciences - Health
2008
McDermott Will & Emery was mentioned in the July 2008 issue of DTC Insights – DTC Forecast in an article summarizing McDermott's recent White Paper on Merck settling the Vioxx Litigation with State Attorneys General.
Paul W. Radensky M.D., T. Reed Stephens, Health, Health Care Litigation, Life Sciences - Health
Robert Nicholas, Paul Radensky and T. Reed Stephens were mentioned in a May 29 article in FDA Webview regarding the recent White Paper they had authored regarding Merck’s $58 million settlement of consumer fraud claims by state attorneys general.
Paul W. Radensky M.D., T. Reed Stephens, Health, Life Sciences - Health
T. Reed Stephens was quoted in the February 22 issue of Rx Compliance Report in an article regarding the FDA draft guidance that was issued regarding industry dissemination of medical or scientific journal articles. "Plaintiffs must push the envelope with state law consumer protection theories as an end-run around FDA's guidance," Mr. Stephens said.
T. Reed Stephens, Health, Life Sciences - Health
Reed Stephens was mentioned in the February 22 issue of RxCompliance Report in an article regarding the FDA draft guidance on industry dissemination of medical or scientific journal articles and how the guidance will impact the current enforcement frenzy surrounding off-label promotion. "Plaintiffs will push the envelope with state law consumer protection theories as an end-run around FDA's guidance," Mr. Stephens said.
