Healthcare

  • We have substantial experience advising on all aspects relating to the corporate, commercial, antitrust, insurance, employment, intellectual property, transactional, regulatory and litigation issues affecting the healthcare sector. Our Healthcare Practice Group comprises dedicated lawyers who have a deep knowledge and understanding of the industry and, in particular, the contentious challenges facing this complex, highly-regulated sector.

     

    Our clients include hospitals, corporate and individual health care providers, HMOs, medical centres, biochemical and biotechnology research institutions, pharmaceutical companies, developers, manufacturers and suppliers of medical devices as well as the insurance companies and financial institutions involved in health industry transactions.

     

    Our team has unrivalled expertise in advising on the full spectrum of non-contentious and contentious matters relating to the industry, including:

     

    • Challenging and seeking judicial review of the legality of the procedures, actions and decisions of governmental bodies (including the Ministry of Health) such as those relating to reimbursements, health insurance coverage and the composition of the national health basket of drugs
    • Regulatory matters relating to product safety with respect to recalls, health professional communications and adverse events
    • Registration of pharmaceutical products with the Ministry of Health
    • Advising on the marketing and sale of parallel imports of pharmaceutical and healthcare products to HMOs and pharmacies
    • Clinical research, including negotiation and drafting of clinical trial agreements
    • Data protection and privacy issues, in particular those relating to the handling of information of patients and health product companies
    • Tort cases and class actions, in particular product liability-related claims
    • Approvals for new medications and medical technology and infringement cases regarding innovative medical devices and generic and branded pharmaceuticals
    • Mergers and acquisitions of, joint ventures with, strategic alliances with and investments in healthcare companies
    • Employment issues and all aspects of labour law affecting the health industry, including collective employment agreements between hospitals or HMOs and their physicians and other healthcare workers and challenges to collective and individual agreements
    • Representing Maccabi Healthcare Services, one of Israel's largest healthcare service providers, on various matters including:

     

    (i) in a class action valued at NIS 1 billion (approximately US$ 250 million) which was brought against Maccabi as a result of a change of formulation of one of the drugs it supplies. The plaintiffs claimed that the change of formulation resulted in patients experiencing various adverse reactions;

    (ii) in a class action regarding use of generic drugs by Maccabi specifically, and in Israel's public health system as a whole;

    (iii) in judicial review proceedings challenging the State's failure to update the cost of health index and the level of funds allocated to Israel's HMOs for healthcare to defray increased costs of health clinics and hospitalisation costs; and

    (iv) in judicial review proceedings at the Supreme Court commenced by Maccabi against the Ministry of Health regarding the Ministry's authority to impose limitations (including the reasonableness of such limitations) on the powers of Maccabi's "Exemptions Committee", (a committee which considers health plan policyholders requests to receive funding for treatment not included in the healthcare basket)

     

    • Representing Hadassah Hospital on various matters, including employment law issues relating to the medical and other staff at the hospital and the development and construction of a new shopping centre, hotel and biotechnology park in and around the hospital complex
    • Representing Bank Leumi on the financing of the design, planning construction and operation of a hospital PFI project (the construction and operation of a hospital/medical centre by Assuta in Ashdod). This is the first PFI project in Israel whereby a private institution is to plan, build and run a public hospital
    • Representing Minrav Engineering and Construction Group Ltd. in connection with the construction at Rambam Hospital in Haifa of a three level underground car park (convertible into a 2,000-bed emergency hospital), two new hospital towers and a system of underground walkways
    • Advising and representing the Pharmaceutical Division of the Manufacturers’ Association of Israel in the negotiations conducted between the Israeli government and the heads of the United States Trade Representative (USTR) in relation to Israeli IP legislation
    • Representing Teva Pharmaceuticals Industries Ltd. in proceedings relating to a tender published by the Ministry of Health for the supply of baby formula for governmental hospitals.  We represented the client before the Tenders Committee of the Ministry of Health, which led to the cancellation of the tender.  In addition, the firm represented Teva in an administrative petition submitted by Promedico Ltd. claiming that Teva should be disqualified from participation in the tender.  The court dismissed the petition in its entirety
    • Representing Teva Pharmaceuticals Industries before Israeli authorities in matters relating to the Ministry of Health's policy for registration of pharmaceuticals, standards associated with the production and marketing of pharmaceuticals, and issues related to the supervision of pharmaceutical prices and tenders
    • Representing Dexcel Pharma in a high-value class action against the company and other companies involved in the development of a medicinal product for psychiatric treatment. The case raised questions on the efficacy of the mandatory patient information leaflet and the rationale of the regulatory requirements