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Health Care | Selected Experience

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.

 

Selected Experience
Anticompetitive conduct
Mergers & acquisitions
Civil fraud/civil RICO
Intellectual property
Product liability
Breach of contract