Justia Civil Procedure Opinion Summaries

Foglia, an RN, was hired by Renal, a dialysis care services company, in 2007, and was terminated in 2008. Foglia filed a qui tam complaint against Renal under the False Claims Act, 31 U.S.C. 3729, in 2009. The United States chose not to intervene. In a second amended complaint, Foglia claimed that Renal falsely certified that it was in compliance with state regulations regarding quality of care, falsely submitted claims for reimbursement for the drug Zemplar, and re-used single-use Zemplar vials. The court dismissed, finding that Foglia had failed to state his claim with the heightened level of particularity required by Federal Rule of Civil Procedure 9(b) for fraud claims. The court noted Foglia’s failure to provide a “representative sample” or to “identify representative examples of specific false claims” and that even if Foglia’s claim had met the requirement of Rule 9(b), Foglia “provided no authority under an express or implied false certification theory that the claims submitted … violated a rule or statute establishing compliance as a condition of payment.” Foglia appealed dismissal of his claim of over-billing on Zemplar. The Third Circuit reversed, noting that it was a close case, the need to assume that Foglia was correct in alleging that Renal did not follow proper procedures if it was to harvest “extra” Zemplar from used vials, and that only Renal has access to the documents that could prove the claim. View "Foglia v. Renal Ventures Mgmt., LLC" on Justia Law

A psychiatrist at Chicago-Read Mental Health Center sought a court order authorizing involuntary treatment of Rita. Stating that Rita met the criteria for a diagnosis of “schizophrenia paranoid type,” the doctor requested authorization to administer specific medications, including Risperidone, for up to 90 days. At a hearing, there was testimony about Rita’s behavior before her hospitalization, about police response to a call about Rita’s behavior, and about Rita’s own descriptions of her delusions and trying to choke herself to kill the people inside her. Rita had not threatened anyone at Chicago-Read, and no cause existed to place her in restraints or administer emergency medication. Although generally cooperative, Rita refused to attend group therapy, and would not take medication. The circuit court authorized involuntary treatment. The appellate court reversed, finding that the trial court failed to comply with the Mental Health and Developmental Disabilities Code, 405 ILCS 5/3-816(a), requirement that final orders “shall be accompanied by a statement on the record of the court’s findings of fact and conclusions of law.” The Illinois Supreme Court reinstated the trial court order, reasoning that reading the code as “directory,” so that noncompliance can be excused, does not impair the safeguards the law is intended to protect.View "In re Rita P." on Justia Law

Plaintiffs filed suit, individually and per proxima amici, against numerous defendants, alleging, inter alia, negligence, lack of informed consent, and vicarious liability for injuries sustained by their minor daughter, Yendee, who was born with a genetic blood disorder. Four groups of defendants filed motions to dismiss on the grounds that R.I. Gen. Laws 9-1-14.1(1), an act that tolls the three-year statute of limitations for medical malpractice claims when the person claiming injury is a minor, barred Plaintiffs’ claims. The trial justice entered judgment in favor of Defendants, concluding that all of Plaintiffs’ claims were time-barred but that Yendee retained the right to bring suit on her own behalf when she reached the age of majority, and up to three years thereafter. After issuing an order to show cause, the Supreme Court (1) vacated the judgments entered in favor of defendants Corning Incorporated and Quest Diagnostics, LLC because Plaintiffs’ allegations against these defendants were not medical malpractice claims; and (2) directed that Plaintiffs’ appeal, as well as the appeals and cross-appeals of Rhode Island Hospital, Miriam Hospital, Women & Infants Hospital and each hospital’s associated medical professionals, be assigned to the Court’s regular calendar for further briefing and argument. View "Ho-Rath v. R.I. Hosp." on Justia Law

Plaintiff filed a health care liability action against Defendant-health care providers. Six days before filing his complaint, Defendant sent a pre-suit notice of his potential claim to each Defendant by certified mail, return receipt requested, as permitted by Tenn. Code Ann. 29-26-121(a)(1). Defendants filed a motion to dismiss on the basis that Plaintiff failed to file with his complaint an affidavit of the person who had sent the pre-suit notice by certified mail. The trial court dismissed the complaint. The court of appeals affirmed but noted the harsh results strict compliance produces in cases such as this one where no prejudice is alleged. The Supreme Court reversed and reinstated the complaint, holding (1) the statutory requirement that an affidavit of the person who sent the pre-suit notice by certified mail be filed with the complaint may be satisfied by substantial compliance; and (2) Plaintiff substantially complied with the statute in this case. View "Thurmond v. Mid-Cumberland Infectious Disease Consultants, PLC " on Justia Law