Health Law Daily Wrap Up, WORTH NOTING—Other Health Law litigation and regulatory developments, (Aug 31, 2026)
By WK Editorial Staff
A roundup of other items of interest to the Health Law community.
QUI TAM (WHISTLEBLOWER SUITS)—S.D. Ind.: Qui tam action alleging FCA violations by hospital networks that misused Medicaid funds to pay improper claims, instead of detecting and preventing improper payments, because they knew reporting higher expenditures in the encounter data they submitted to Indiana Medicaid would allow them to obtain higher capitated payments in subsequent years (U.S. ex rel. McCullough v. Anthem Insurance Co. Inc., No. 1:21-cv-00325-TWP-TAB (S.D. Ind. Aug. 20, 2026)).
ELECTRONIC HEALTH RECORDS—E.D. Va.: Putative class action against Drivestream for its alleged failure to protect disclosure of protected health information (In re Drivestream Inc. Data Breach Litigation, No. 1:26-cv-00713-AJT-LRV (E.D. Va. Aug. 21, 2026)).
EMTALA—N.D. Ohio: EMTALA violations alleged in wrongful death suit (Jackson v. Cleveland Clinic Foundation, No. 1:25-cv-01227-BMB (N.D. Ohio Aug. 20, 2026)).
COVID-19—S.D.N.Y.: Nurse alleges discrimination and job termination after she stated that she could not adhere to a COVID-19 vaccine mandate based on medical allergies (Caravello v. Garnet Health Medical Center, No. 7:24-cv-01104-PMH (S.D.N.Y. Aug. 21, 2026)).
DRUGS AND BIOLOGICS—D. Mass.: The court granted in part and denied in part a motion to dismiss breach of contract claims against a pharmaceutical company's distributor for refusal to accept returned drugs on behalf of the pharmaceutical company (Walgreen Co. v. Collegium Pharmaceutical, Inc., No. 1:26-cv-11242-BEM (D. Mass. Aug. 19, 2026)).
MEDICAL DEVICES—D. Ariz.: The court denied a motion to exclude expert testimony of a materials science expert to testify on claims that the Bard IPC was defective (In re Bard Implanted Port Catheter Products Liability Litigation, No. 23-md-03081 (D. Ariz. Aug. 17, 2026)).
COVID-19—S.D.N.Y.: The court granted summary judgment in favor of Garnet Health Medical Center on claims alleging it unlawfully terminated an employee for failure to get the COVID-19 vaccine (Trask-Huggins v. Garnet Health Medical Center - Catskills, No. 7:23-cv-03758-NSR-JCM (S.D.N.Y. Aug. 20, 2026)).
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