Archives: Industry Developments

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OIG Encourages CMS Claim Forms Which Will Allow For Better Tracking Of Implantable Medical Devices

On September 30, 2016, the Department of Health and Human Service’s Office of the Inspector General (OIG) issued an “Early Alert” to the Centers for Medicare & Medicaid Services (CMS) on “Incorporating Medical Device-Specific Information on Claim Forms”.  This Early Alert urges CMS to update Medicare claims forms to include the “device identifier” (DI) portion … Continue Reading

Off-Label Promotion And The First Amendment Updates

Although activity around the Amarin and Pacira cases has settled down, questions regarding the FDA’s position on truthful off-label promotion-and whether it comports with First Amendment free speech principles—persist. The FDA has announced a two-day public hearing on November 9 and 10, 2016 regarding “Manufacturer Communications Regarding Unapproved Uses of Approved or Cleared Medical Products.”  In-person … Continue Reading

Boosts in Ransomware Attacks Spark Multiple Government Agency Responses

Following a recent U.S. government interagency report indicating that, on average, there has been an alarming 300 percent spike in daily ransomware attacks since early 2016 as compared with 2015, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) released new Health Insurance Portability and Accountability Act (“HIPAA”) guidance on … Continue Reading

What Brexit Means for Data Protection

For global pharmaceutical and medical device companies handling personal data in the European Union (EU) or engaged in transatlantic data transfers, some of the many questions created by the Brexit vote include what its impact will be on the United Kingdom’s (UK) data protection laws. These questions also arise in the context of the EU’s … Continue Reading

New Edition of Singapore International Arbitration Centre Rules to Come into Effect Shortly

Pharmaceutical and medical device manufacturers are increasingly finding themselves resolving disputes through international arbitration. After London, Singapore is now arguably the second most important arbitration center in the world, meaning the Singapore International Arbitration Centre’s (SIAC) new arbitration rules, which were due to come into effect on June 1, 2016, but will now come into … Continue Reading

Upcoming Reed Smith Webinar on Recent Personal Jurisdiction Rulings, What Corporations Can Learn from Them

The Reed Smith Life Sciences Health Industry Group will be hosting an upcoming CLE webinar “Personal Jurisdiction: What Bauman Does and Doesn’t Mean, the Other Side’s Response, and Why Corporations Should Care” on June 14, 2016 at 12 p.m. ET. Reed Smith presenters Jim Beck and Steve McConnell will be discussing how plaintiffs’ lawyers are … Continue Reading

FDA Publishes Draft Guidance Regarding 3D Printing Of Medical Devices

The U.S. Food and Drug Administration (FDA) has approved more than 80 medical devices that involve 3D printing and one prescription drug.  It also held a public workshop to obtain information and input about 3D printing issues on October 8 and 9, 2014.  FDA brought together technical 3D printing expertise from various industries and sectors … Continue Reading

Appeals Court Decision is Positive News for Health Companies Concerned About Cyberliability Coverage

In a ruling particularly meaningful to health care companies, who are responsible for patients’ protected, personally-identifiable information, the U.S. Court of Appeals recently upheld a lower court’s decision finding coverage under a healthcare company’s comprehensive general liability (CGL) policy.  When the health care company inadvertently made certain confidential medical records accessible to the public online … Continue Reading

Privacy Shield Details Have Been Revealed: Here’s What Companies Need to Know

The European Commission has published its draft adequacy decision on the EU-U.S. Privacy Shield, the proposed data transfer framework that would replace the defunct Safe Harbor program. The draft adequacy decision formally supports the view that the proposed EU-U.S. Privacy Shield will ensure an adequate level of protection for the transfer of personal data from … Continue Reading

A Proposed End to “Amarin Pharm v. FDA” has FDA Agreeing to Abide by District Court’s Order

We have been closely following Amarin Pharm, Inc. v. FDA with respect to the preliminary injunction granted by the Southern District of New York that prohibited the FDA from taking action against Amarin over truthful, non-misleading “off-label” statements about its prescription drug Vascepa. We’ve also been following the similar Pacira Pharm., Inc. v. FDA case, which … Continue Reading

Obama Signs Judicial Redress Act (JRA) – Another Step on the Way to Securing EU-U.S. Data Flows

President Obama signed the U.S. Judicial Redress Act (JRA) into law on 24 February 2016, giving European citizens the same right as U.S. citizens to bring actions against the U.S. government if their personal data are misused. While the JRA is not a formal prerequisite to finalizing the EU-U.S. Privacy Shield transatlantic data-sharing framework, it’s … Continue Reading

After a Strong Enforcement Presence in 2015, OCR Starts 2016 with a $239,000 Civil Money Penalty Judgment

It has been a busy winter for the US Department of Health and Human Service, Office for Civil Rights (“OCR”).  Since November 2015, the agency has announced three settlements and one civil money penalty judgment amounting to over $5 million in fines and settlements.  Most recently, on February 3, 2016, a U.S. Department of Health … Continue Reading

What the “EU-U.S. Privacy Shield,” the New Safe Harbor, Means for Your Business

European Union and United States authorities have announced the “EU-U.S. Privacy Shield,” a new transatlantic data transfer framework to replace Safe Harbor, which was invalidated by the European Court of Justice in October in Maximillian Schrems v. Data Protection Commissioner (C-362-14). Since this issue has clear implications for our pharmaceutical and medical device clients, we’ve … Continue Reading

Postmarket Cybersecurity Recommendations for Medical Devices Issued by the FDA

We’ve blogged about medical device cybersecurity topics here and most recently here. The topic is in the news yet again with the FDA issuing a draft guidance outlining postmarket recommendations for medical device manufacturers to address cybersecurity risks. The draft guidance recommends that manufacturers should execute a structured, systematic, and comprehensive cybersecurity risk management program … Continue Reading

Another Day, Another Whistleblower Retaliation Suit

A False Claims Act (“FCA”) retaliation claim, 31 U.S.C. 3730(h), filed January 26, 2016 in federal district court in Oregon, provides a perfect example of the type of challenging cases confronting health care employers today. Pediatrician Robert Dannenhoffer, MD, the former CEO of a joint venture between a hospital and physicians’ group, alleges that he … Continue Reading

Current State of “Safe Harbor 2.0” And Steps Your Business May Need to Take

Last year, the European Court of Justice issued a judgment invalidating the safe harbor framework for US-EU data sharing, creating uncertainty and a number of questions about what is, and is not, permissible when sharing data involving personal information across borders. The Safe Harbor decision has clear implications for our pharmaceutical and medical device clients, … Continue Reading

Russia to Increase Data Audits in 2016 With Data Localization Law & More News on The EU’s Safe Harbor Ruling

Russia announced its plan to increase data localization audits in 2016 pledging to conduct around 1,000 data localization compliance audits and 2,000 monitoring procedures, under Russia’s data protection authority, the Roskomnadzor. This stems from Russia’s data localization law which came into effect September 1, 2015, requiring that all companies that collect or process personal data … Continue Reading

UPDATE: Pacira Pharmaceutical Inc. v. FDA Lawsuit Settled

The Pacira Pharmaceutical Inc. v. FDA lawsuit has been a frequent topic of discussion on the blog, and now, in breaking news, the case has been settled.  Pacira will be receiving essentially everything it wanted in a “favorable resolution,” and the FDA is formally withdrawing its warning letter that attempted a retroactive reduction in the … Continue Reading

U.S. Supreme Court Will Review the Validity of “Implied Certification” Liability Under the FCA

On December 4, the U.S. Supreme Court granted certiorari in Universal Health Services, Inc. v. U.S. ex rel. Escobar, No. 15-7, raising the question of whether “implied certification” liability is permissible under the False Claims Act and, if so, under what circumstances. Under the implied certification theory, defendants are presumed to have certified that they … Continue Reading

U.S.-EU Safe Harbor Framework for Data Sharing

Exactly one month after the Court of Justice of the European Union (CJEU) released its judgment in Maximillian Schrems v Data Protection Commissioner (C-362-14), the European Union released a Communication discussing the implications of their decision on data sharing involving personal information. This topic is no stranger to the blog, as we’ve posted about it … Continue Reading

IEEE Developing New Standards for 3D Printers For Medical Uses

The Institute of Electrical and Electronics Engineers Standards Association (IEEE) is developing new interoperability standards for medical devices, 3D printers and other eHealth devices.  IEEE P3333.2.5, Draft Standard for Bio-CAD File Format for Medical 3D Printing is intended to develop standard methods for the printing of 3D-printed prosthetics and medical devices.  IEEE proposes to define … Continue Reading