In Merix Pharmaceutical Corp. v. Clinical Supplies Management, Inc. (CSM), Judge Matthew F. Kennelly, of the US District Court for the Northern District of Illinois Eastern Division, granted summary judgment on a number of Merix’s damages claims and a jury ultimately found in CSM’s favor at trial.
The Centers for Medicare & Medicaid Services recently made available to the public for the first time detailed data from 2012 regarding the Medicare Part B program.
On January 24, 2014, in the matter Federal Trade Commission v. St. Luke’s Health System, Ltd., Judge B. Lynn Winmill, of the US District Court in the District of Idaho, ordered divestiture of the affiliation between St. Luke’s Health System (St. Luke’s) and Saltzer Medical Group (Saltzer).
Featured in Health, the authors examine the effect on utilization of prescription-based drugs converted to over-the-counter (OTC) drugs for various drug classes.
In October 2012, McKesson Corporation (McKesson), a healthcare services and information technology company, announced an agreement to purchase PSS World Medical Inc., a distributor of medical products and services, in a transaction valued at $2.1 billion.
In recent years, the volume and scope of government investigations and qui tam relator complaints concerning alleged “off-label” marketing by pharmaceutical, biological, and medical device manufacturers has skyrocketed.
On August 20, 2012, a group of economics professors submitted an amicus brief in support of the Federal Trade Commission (FTC) in the agency′s challenge of Phoebe Putney Health System Inc.′s (Phoebe) merger with its only nearby rival, Palmyra Park Hospital Inc. (Palmyra).
Healthcare and Life Sciences
Bates White’s Healthcare and Life Sciences Practice comprises economists, academics, and industry experts who possess a deep understanding of the healthcare industry and how it is shaped by the evolving landscape of government regulation, enforcement actions, and private litigation. Our defensible and rigorous approach is built on sound economic theory, extensive empirical work, and facility with critical legal issues.
Our services include economic and statistical analysis, expert testimony, and consulting support in the context of:
- Government investigations
- Public policy
- Mediation, arbitration, and settlement
- Case evaluation and business strategy
Our professionals have played pivotal roles in all phases of healthcare investigations and litigation involving pricing, marketing, distribution, and reimbursement issues in the following types of cases:
- Fraud and false claims
- Mergers and monopolization
- Intellectual property, including Paragraph IV
- Product liability
- Breach of contract
- Drug diversion
As a result of our extensive healthcare litigation and consulting experience, we understand the issues that face all types of healthcare participants, including:
- Payors—public and private medical insurance
- Providers—physicians, clinics and hospitals, surgery centers, retail and specialty pharmacies, and dialysis centers
- Manufacturers—pharmaceuticals (brand and generic), life sciences, biologics, biotech, medical devices, diagnostics, and nutritional supplements
- Government entities—The Centers for Medicare and Medicaid Services (CMS), Drug Enforcement Agency (DEA), Food and Drug Administration (FDA), Veteran’s Administration (VA), and state agencies
- Intermediaries—pharmacy benefit managers (PBMs), group purchasing organizations (GPOs), and pharmaceutical wholesalers and distributors
- From Rockford to Joplin and Back Again: The Impact of Economics on Hospital Merger EnforcementAntitrust Bulletin, Vol. 59, No. 3, 2014
- International Handbook of Antitrust Economics, Vol. 1, 2014
- July 2014
- Health, October 2013
- Lawyer Monthly, August 2013
- April 2013
- HealthLeaders Media, May 11, 2012
- Making Cold Medicine Rx Only Did Not Reduce Meth Use: Analyzing the Impact of Oregon’s Prescription-Only Pseudoephedrine RequirementCascade Policy Institute, February 2012
- Kaiser Health News, October 5, 2010
- Journal of Competition Law and Economics, June 17, 2010
- White Paper, November 2009
- Luncheon Panel: Anti-Kickback StatuteJune 8, 2015
- Arlington, VA, March 26–27, 2015
- Washington, DC, March 11–12, 2015
- February 20, 2015
- Washington, DC (Bates White Office), November 24, 2014
- Boston, MA, September 29, 2014
- July 1, 2014
- New York, NY, June 29, 2014 – July 2, 2014
- Part of Bates White’s Life Sciences SymposiumJune 12, 2014
- Washington, DC, May 29, 2014
- Washington, DC, November 4, 2013
- Washington, DC, October 18, 2013 – October 19, 2013
- Washington, DC, June 11, 2013
- June 5, 2013 – June 7, 2013
- March 2013
- Washington, DC, March 13, 2013 – March 14, 2013
- San Francisco, CA, December 4, 2012 – December 5, 2012
- Washington, DC, November 30, 2012
- Washington, DC, November 15, 2012 – November 16, 2012
- Christopher Stomberg and Richard Manning speak at McGuireWoods’ 4th Annual Medical Device and Life Sciences ConferenceChicago, IL, November 8, 2012
- Washington, DC, July 26, 2012
- Arlington, VA, May 3, 2012 – May 4, 2012
- Arlington, VA, May 3, 2012
- New York, NY, May 10, 2011 – May 11, 2011
- Washington, DC, January 19, 2011 – January 21, 2011
- New York, NY, May 3, 2011 – May 4, 2011
- Washington, DC, September 23, 2010
- London, UK, September 16, 2010