Dan Kracov Talks Civil Monetary Penalties Post-Jarkesy in Bloomberg Law
Dan Kracov, chair of the firm’s Life Sciences Industry practice, was recently quoted in the Bloomberg Law article, “Health Agency Approach on Civil Penalties Shaken by High Court.” The article discusses the impacts of the U.S. Supreme Court’s recent ruling that defendants facing civil monetary penalties from the U.S. Securities and Exchange Commission have a right to a jury trial (SEC v. Jarkesy).
Key healthcare agencies and offices could now face more challenges from hospitals, insurers, drugmakers, and others in healthcare. According to Kracov, “any lawyer who has a client who’s subject to civil penalties from the FDA, a proceeding, would make the argument that this whole thing is illegal. We’re going to court. FDA may need to do its own analysis and abandon enforcement of some of their civil penalty regimes based upon this decision.”
