In May 2019, Partner Eric Gaier testified on behalf of Johnson & Johnson (J&J) at a bench trial concerning Average Wholesale Price (AWP) allegations. Bates White was originally retained in 2013 to evaluate the impact of alleged AWP misrepresentations on reimbursements the Illinois Medicaid program made for J&J drugs. Dr. Gaier’s trial testimony covered three main topics: (1) key differences between the pricing and distribution of brand-name drugs compared to generic drugs; (2) corrections to the opposing expert’s damages calculations; and (3) the impact of rebates on Illinois Medicaid’s expenditures for J&J’s subject drugs. He also testified that the state’s allegation concerning J&J’s motive was inconsistent with the economics of brand-name drug distribution.
For more information on Bates White’s AWP work, click here.
The team
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