Bates White client CVS wins summary judgment in qui tam litigation

Bates White clients CVS Health, CVS Caremark, and CVS Pharmacy secured a summary judgment victory on July 31 in a False Claims Act qui tam litigation matter in the Eastern District of Pennsylvania. In this matter, the Relator alleged that CVS’s practices relating to Medicare Part D drugs resulted in $80 billion in damages and penalties.

Ben Scher and Academic Affiliate David Bradford provided written reports and deposition testimony on behalf of CVS in this matter. Mr. Scher rebutted the Relator’s expert’s damages analysis and presented affirmative data analyses demonstrating that the empirical evidence was inconsistent with Relator’s claims. Professor Bradford provided opinions on pharmaceutical economics, explaining the benefits of CVS’s practices and how the Relator’s theories failed to account for important economic characteristics of the Medicare Part D marketplace. Katie Luker provided key support to Mr. Scher, Professor Bradford, and counsel throughout the matter. Josh Waizer and Anirudh Jayanti also contributed throughout the project.