High Court’s Medical Malpractice Case Pits State Laws Against Federal Laws

MedPage Today: SCOTUS Hears Oral Arguments In Case Involving A Medical Malpractice Lawsuit
Should federal courts be required to abide by state laws when they consider interstate malpractice cases? The Supreme Court mulled that exact issue in a case it heard earlier this week. The case, known as Berk v. Choy, involves a Florida man, Harold Berk, who injured his foot and ankle while in Delaware. He then sued the physician who treated him in Delaware state court, arguing that the treatment made his condition worse. (Frieden, 10/9)

More health industry developments —

Modern Healthcare: BCBS Massachusetts Buyouts Offered To Over 750 Employees
Blue Cross Blue Shield of Massachusetts is offering voluntary separation packages to roughly 18% of its workforce due to ongoing financial challenges. The buyout is available to members of its staff who are 55 years or older with at least a decade of service, a spokesperson for the insurance company said Thursday. BCBSMA employs about 4,200 people. (DeSilva, 10/9)

Modern Healthcare: Humana, Aetna Fall In 2026 Medicare Advantage Ratings
Medicare Advantage insurers suffered another disappointing year under the Star Ratings quality measurement program. The average Medicare Advantage star rating for 2026 is essentially flat at 3.66, compared with 3.65 for 2025, according to data the Centers for Medicare and Medicaid Services released Thursday. (Tepper and Broderick, 10/9)

The 19th: 7 In 10 Women Are Worried About The Cost Of Medical Bills
Two-thirds of Americans, including more than 7 in 10 women, are worried about their ability to pay medical bills, according to polling from The 19th and SurveyMonkey. It’s not just medical bills: Women are also more worried than men about paying for groceries, child care, housing and retirement, the polling finds. But the stress that medical bills place on Americans is particularly relevant as the fight over health care costs keeps the government shuttered. (Rupar, 10/9)

The Wall Street Journal: Thomas Brown, ADHD Pioneer Who Busted Myths And Prejudices, Dies At 83
In the early 1980s, Thomas Brown was working as a psychologist in Hamden, Conn., when he was asked if he would consider working with students at a tony preparatory school called Hamden Hall Country Day School. Each student was assigned an adviser, but there were a few who needed extra support. There was no money in the part-time job, but in exchange, Brown could send his two children to the school free. As he settled into the position, Brown began to notice a pattern among some of the students sent his way. Particularly the boys. There was a cohort who had a hard time sitting still at their desks. If they were passionate about a topic, they could focus on it intensely. If they weren’t, their minds drifted. They forgot to do assignments and fell behind in class, even though many of them were bright. (Kornelis, 10/9)

In pharma and tech updates —

Full Measure: How One Man Invented A New Drug To Save His Own Life
In December 2009, Bradley Burnam woke up to see a horrifying sight in the mirror. “This whole side of my head was black, and my ear was like twice its normal size and hot because it was infected,” he said. “Obviously terrifying.” Burnam had picked up a deadly superbug, Carbapenem-resistant Enterobacteriaceae, or CRE for short. It’s 70% fatal once it enters the bloodstream. (Attkisson, 10/9)

Stat: Startup Tech Helps Parkinson's Disease Patients Track Symptoms 
With a flurry of startup activity, tech to monitor the symptoms of Parkinson’s disease is gaining traction in care. On Thursday, Kneu Health, a startup spun out of Oxford University research labs, announced $5.6 million in funding for its smartphone app-based platform that measures movement, speech, and cognitive changes in people with Parkinson’s over time. (Aguilar, 10/9)

Modern Healthcare: FDA Early Alert Recall Program Expansion Explained 
The Food and Drug Administration has begun issuing early alerts for all medical devices, following a pilot program that covered just five device types. The recently announced move is part of the agency’s effort to reduce the time between when it spots a high-risk device issue and warns the public. The communications process used to take months. (Dubinsky, 10/9)

Modern Healthcare: FDA Clearances: Cook Medical, TigerConnect, Surgical Theater 
The Food and Drug Administration has cleared a range of medical devices for clinical use, granted De Novo classification for a cryoablation system and awarded Breakthrough Device designation for a neurodegeneration test. Most of the devices received 510(k) clearance, meaning they are similar to other devices on the market and considered safe to use. (Dubinsky, 10/9)