RECENT MSSNY LITIGATION ACTIVITIES
Action – Synopsis – Involvement
Action
Brief Synopsis
Type of Involvement
United’s failure to pay facility fees to out–of–network office–based surgery providers is contrary to the terms of United’s health benefits plans and the requirements of ERISA
MSSNY is the class action plaintiff (Southern District of NY)
Defending the decision of the FDA to deny marketing approval for an electronic nicotine delivery system featuring non-nicotine flavors
MSSNY joined an amicus brief with the AMA
(2d Circuit Court of Appeals)
HHS overstepping its authority by ignoring Congressional intent in the No Surprises Act, and setting forth in regulation that the insurer’s self–determined Qualifying Payment Amount (QPA) be the dominant data point in federal IDR
MSSNY joined the Physicians Advocacy Institute in an amicus brief in support of the TMA and AMA actions.
(Eastern District of Texas and District Court, District of Columbia)
Patient suit against Emblem and Evicore for health consequences of failing to approve an MR
MSSNY joined an amicus brief with AMA for the plaintiff
(Southern District of New York)
Medical Malpractice suit against physician that inappropriately permits expert opinion arguing that premature birth is “associated” with autism, not “causes” autism
MSSNY and MLMIC have requested AMA Litigation Center file an amicus brief on behalf of the defendant
(Kings County Supreme Court)
Medical Malpractice suit where defendants challenge inappropriate trial lawyers’ tactic of “anchoring” to exponentially drive up jury awards.
At MSSNY and MLMIC request, AMA Litigation Center submitted an amicus brief together with MSSNY
(Appellate Division, 1st Department)
Jacobson v. Bassett
Roberts v. Basset
In multiple actions, plaintiffs challenging DOH guidance for allocation of monoclonal antibody treatment that include “non–white race” or Latinx ethnicity as a risk factor
MSSNY joined an amicus brief with AMA in support of the Department of Health
(Northern and Eastern Districts of New York)
Leroy v. Hume
Solomon
Martinez
In multiple actions, plaintiffs challenging federal and state laws that provided important liability protections for physicians and hospitals for care to patients with
Covid (or were limited from providing care due to Covid rules) during the height of the pandemic
MSSNY and MLMIC working with AMA to submit amicus brief to support the important protections against liability
(2d Circuit Federal Appeal court)
Plaintiffs challenging century old state law that gives the state power to limit who can have a concealed carry permit
At AMA request, MSSNY joined an amicus brief in support of New York State
(US Supreme Court)
Plaintiffs challenging state law that medical contraindications are only acceptable exemption to state vaccination requirements
AMA Litigation Center and MSSNY joined a lawsuit in support of New York State.
(Third District, New York)
Plaintiffs challenging state Executive Actions that protected against spread of Covid by limiting numbers of persons who could be together during the pandemic
AMA Litigation Center and MSSNY joined a lawsuit in support of New York State
(US Supreme Court)
