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David E. Daniels Selected for Inclusion in 2019's The Best Lawyers in America©

David E. Daniels, Managing Partner at Daniels, Porco & Lusardi, LLP was recently selected by his peers for inclusion in The Best Lawyers in America, 25th edition in the field of Health Care Law. Daniels has been recognized on the list since 2012.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

Regulatory control of medical device industry spotlighted

A recent Consumer Affairs article makes the central assertion that the medical device industry has been comparatively untouched by regulatory oversight and exactions over the years. The piece states that the realm “has mostly avoided the type of scrutiny that drug companies and health insurers sometimes face.”

A wide swath of the general public might agree with that.

Is Your Teleradiology Billing Compliant?

The teleradiology market is exploding. The global market was valued at $1.99 billion in 2016 and it is estimated to reach $8.2 billion by 2024, according to a report by Grand View Research, Inc. North America comprised 40% of the overall market in 2015, according to the report. Teleradiology enables rapid diagnoses and allows specialists to provide second opinions, regardless of the geographic location in the United States.

As more and more radiology providers incorporate teleradiology into their practices, it is crucial that these providers, and the medical groups with which they contract, are aware of Medicare's billing requirements for teleradiology services.

State’s new law could widely impact health care companies

“California’s always been kind of a trendsetter.”

So says a commentator in one recent national media piece spotlighting a change within the state that could cast ripple effects across the rest of the country.

J&J facing ongoing, formidable product liability challenge

Multinational medical and consumer product company Johnson & Johnson executives might reasonably feel as though they are in a never-ending nightmare that revolves around the seemingly innocuous substance talc.

Many millions of people use talcum powder, and J&J’s Baby Powder and other talc-linked offerings have been global mainstays for decades.

This story well illustrates why health industry under great scrutiny

Obviously, the defendants involved in the below-described criminal crackdown and related fraud allegations rue the investigatory power that targeted them and the accompanying spotlight they are now under.

Legions of health care providers and other industry participants light years away from task force probes or any wrongdoing similarly lament all the harsh and unflattering scrutiny as well, though. It paints their entire occupational realm with a broad brush and unfairly stigmatizes them via guilt by association.

Chairman of key congressional health committee talks reform

Rep. Peter J. Roskam (R-IL) is clearly adamant about taking some action that he stresses is imperative to safeguard the health care industry against crushing regulatory challenges of the highest order.

Here’s the problem, Roskam asserts: Health professionals are flailing under an onslaught – relentless and growing – of burdensome and often nonsensical regulation. The legislator says that the tomes of guidance and dictates that make an ocean of red tape for medical principals have strongly negative effects. He states in a recent article penned for a national publication that care providers are “spending more and more time on documentation, redundant paperwork and regulatory compliance, taking them away from patient care.”

3M prevails in much-watched defective product litigation

Large medical companies ranging from pharmaceutical entities to device manufacturers know that incoming litigation is a distinct and sudden possibility at any time. Indeed, America’s leading health care businesses suffer lawsuit-linked threats in a manner perhaps unparalleled in any other industry.

The company 3M knows all about that. In fact, the device maker has been involved in a lawsuit that pits the credibility of a tool that is routinely featured in surgeries against the claim of a man who says it infected him during an operation.

Review of health care litigation underscores broad playing field

Vast. Comprising multiple and diverse participants. Under a layer of state and federal regulatory oversight. Complex.

Those are core descriptors of the American medical industry, which is unquestionably one of the country’s most sprawling and complicated business realms.

J&J gets some upside in DePuy hip-replacement litigation

When a judge allows highly prejudicial and case-irrelevant evidence to be “wafted before the jury to trigger its punitive instincts,” it is likely that an appellate tribunal will take action.

Which is exactly what a federal appeals panel did last week in New Orleans. Appellate judges cited a lower court’s error in allowing plaintiffs’ counsel to inject unnecessarily inflammatory information into a consolidated trial regarding hip replacements. That allowance worked a high-dollar verdict against medical device maker Johnson & Johnson that the appellate panel stated should not have issued. The court threw out the award, leaving the option of a new trial open for the plaintiffs.

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