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Civil fraud/civil RICO
In In re Pharmaceutical Industry Average Wholesale Price, served as the
testifying expert on issues of common impact, feasible damage methodologies, and merits on behalf
of a joint defense group of leading pharmaceutical manufacturers defending allegedly fraudulent
pricing policies. Submitted written, deposition, and trial testimony concerning competitive dynamics
between providers and Medicare and third-party payors as well as the effect of the Medicare
Prescription Drug Improvement and Modernization Act of 2003. The judge denied certification to the
self-administered drug class, which represented most of the commerce allegedly affected.
In State of Montana v. Abbott Labs., Inc. and State of Nevada v. American Home
Products Corp., serving as the testifying expert on issues of merits on behalf of a joint
defense group of leading pharmaceutical manufacturers defending allegedly fraudulent pricing
strategies. Submitted written analysis examining whether the Montana and Nevada Medicaid
programs, Medicare beneficiaries, and private health insurance programs overpaid for
self-administered and physician-administered prescription drugs as a result of the alleged
inflation of published Average Wholesale Prices.
In Swanston v. TAP Pharmaceutical Products, Inc., served as the testifying expert
on issues of common impact and feasible damage methodologies on behalf of a joint defense group
of leading pharmaceutical manufacturers opposing class certification. Analyzed reimbursements
for both self-administered and physician-administered drugs made by patients covered by
government-sponsored health insurance programs including Medicare, Medicaid, and TRICARE,
patients covered by private health insurance programs, and patients without insurance.
Submitted written testimony.