Week Ahead in Health: July 6, 2021 – Reuters
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(Reuters) – Here are some upcoming events of interest to the health community. Unless otherwise noted, all times are local, and court appearances are virtual due to the COVID-19 pandemic.
Wednesday, July 7
10 a.m. – A hearing is scheduled before U.S. District Judge Edward Davila in San Jose on Theranos founder Elizabeth Holmes’ motion to suppress evidence of customer complaints about her company’s blood tests at her upcoming fraud trial. Holmes is accused of defrauding patients and investors by falsely claiming to have developed technology to run dozens of tests on a single drop of blood.
The case is U.S. v. Holmes, U.S. District Court, Northern District of California, No. 18-cr-00258. For the government: Assistant U.S. Attorney Jeff Schenk. For Holmes: Lance Wade and Kevin Downey of Williams & Connolly.
Wednesday, July 7
10 a.m. – U.S. District Judge Richard Stearns in Boston is scheduled to resentence Barry Cadden, the former president of compounding pharmacy New England Compounding Center, as well as Glenn Chin, its former supervising pharmacist. The two men were criminally convicted in connection with tainted drugs that sparked a deadly fungal meningitis outbreak in 2012. The 1st U.S. Circuit Court of Appeals overturned Stearns’ earlier eight-year sentence, finding he failed to apply certain sentencing enhancements. Prosecutors are now seeking a sentence of more than 17 years.
The case is U.S. v. Cadden et al, U.S. District Court, District of Massachusetts, No. 14-cr-10363. For the United States: Amanda Strachan, Christopher Looney, David Lazarus and Alexandra Amrhein of the U.S. Attorney’s Office for the District of Massachusetts. For Cadden: Bruce Singal of Hinckley, Allen & Snyder. For Chin: Stephen Weymouth of Law Office of Stephen J. Weymouth and Robert Sheketoff.
Thursday, July 8
12:00 p.m. – New York doctor Gordon Freedman will be sentenced in person by U.S. District Judge Kimba Wood in Manhattan after a jury found him guilty of accepting thousands of dollars in bribes and kickbacks from now-defunct Insys Therapeutics Inc in exchange for prescribing his patients the company’s Subsys, an addictive fentanyl spray. Freedman is one of a number of doctors around the country who have faced criminal charges over Subsys.
The case is USA v. Freedman, U.S. District Court, Southern District of New York, No. 18-cr-00217. For the government: Assistant U.S. Attorney Noah Solowiejczyk. For Freedman: Samuel Braverman of Fasulo Braverman & Di Maggio.
3:30 p.m. – A status conference is scheduled before U.S. District Judge Dennis Saylor in a U.S. Department of Justice lawsuit accusing Regeneron Pharmaceuticals Inc of using a charity that helps cover Medicare patients’ drug costs as a means to pay kickbacks for using its expensive macular degeneration drug Eylea. The lawsuit, filed last year, claims that following the launch of Eylea in 2011, Regeneron began funneling tens of millions of dollars through a patient assistance foundation to ensure virtually no one on Medicare had to pay co-payments. Drug companies are prohibited from subsidizing co-pays for patients enrolled in the government healthcare program for those aged 65 and older.
The case is U.S. v. Regeneron Pharmaceuticals Inc, U.S. District Court, District of Massachusetts, No. 20-11217. For the government: Assistant U.S. Attorney Evan Panich. For Regeneron: Brien O’Connor of Ropes & Gray and Richard Scheff of Armstrong Teasdale.
Friday, July 9
8:30 a.m. – A case management conference is scheduled before U.S. District Judge M. Casey Rodgers in Pensacola, Florida in a multidistrict litigation over allegedly defective 3M Co earplugs formerly used by the U.S. Army. Plaintiffs in the MDL, the largest in U.S. history, allege that they suffered hearing loss or damage as a result of losing the plugs. Three bellwether trials have been held, with two plaintiffs’ verdicts and one win for 3M.
The case is In re 3M Combat Arms Earplug Products Liability Litigation, U.S. District Court for the Northern District of Florida, No. 19-md-2885. For the plaintiffs: Bryan Aylstock of Aylstock, Witkin, Kreis & Overholtz, Shelley Hutson of Clark, Love & Hutson and Christopher Seeger of Seeger Weiss. For 3M: Mike Brock of Kirkland & Ellis.
8:30 a.m. – In-person jury selection is scheduled to begin before U.S. District Judge Haywood Gilliam Jr in Oakland, California, in Daiichi Sankyo subsidiary Plexxikon Inc’s patent infringement lawsuit against Novartis Pharmaceuticals based on Tafinlar (dabrafenib), a targeted BRAF-kinase inhibitor used to treat metastatic melanoma and other cancers. Tafinlar was developed by GlaxoSmithKline and acquired by Novartis in a 2015 asset swap. Plexxikon alleges that GSK developed Tafinlar from information it acquired through fruitless licensing discussions for Plexxikon’s own BRAF-kinase inhibitor, Zelboraf, and that Novartis willfully infringed two of the patents on Zelboraf starting in 2016. Novartis disputes willfulness and the validity of Plexxikon’s patents, but has conceded infringement if Plexxikon’s patents are valid.
The case is Plexxikon Inc v. Novartis Pharmaceuticals, U.S. District Court for the Northern District of California, No. 17-4405. For Plexxikon: Daralyn Durie of Durie Tangri; Ryan McCleary of Young Basile Hanlon MacFarlane. For Novartis: Thomas Steindler and William Gaede III of McDermott Will & Emery.
Know of an event that could be included in Week Ahead in Health? Contact Brendan Pierson at email@example.com