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Summary

Josh Waizer specializes in analysis of industry and competition issues in the healthcare and life sciences sectors. He supports testifying experts and works with counsel on behalf of clients through all stages of litigation and government investigations. His work focuses on health insurance and provider issues and includes expertise in analyzing large healthcare claims data sets. He also has experience in matters involving mergers, monopolization and monopsonization, class certification, pricing and reimbursements, health plan networks, contract disputes, intellectual property, and damages assessment in the pharmaceutical and healthcare provider industries.

Education

BA, Economics (with honors), Brandeis University

BA, Politics, Brandeis University

Selected Work

Selected Experience

  • Led the team supporting the expert working on behalf of Emory Healthcare to analyze potential competitive effects of its proposed acquisition of DeKalb Medical Center.
  • On behalf of Steward Health Care in Steward Health Care System LLC et al. v. Blue Cross & Blue Shield of Rhode Island, co-led the team supporting Professor Leemore Dafny in providing written and deposition testimony on monopoly power, monopsony power, and exclusionary conduct.
  • On behalf of Humana in connection with its proposed merger with Aetna, provided support for responses to the Department of Justice's second request and analyzed likely competitive effects in the sale of Medicare Advantage products. 
  • In In re WellPoint, Inc. Out-of-Network “UCR” Rates Litigation, provided consulting services to defense counsel and supported the expert on economic issues associated with class certification and merits on behalf of defendant WellPoint. 

  • Provided consulting and expert support to the FTC regarding its evaluation of a proposed affiliation between providers in California. 
  • Supported the expert on behalf of a large health plan in a Department of Labor investigation regarding the health plan’s reimbursement methodology. 

  • Provided consulting and expert support to a large health insurer in an arbitration matter involving contract dispute with a hospital system. 

  • Supported the expert on behalf of the Federal Trade Commission in its proceedings seeking to block Cabell Huntington Hospital’s acquisition of St. Mary’s Medical Center in Huntington, WV.

  • Led data analysis and provided consulting support on a market intelligence project for a major health insurance company.

  • In In re Seattle Children’s Hospital, supported expert testimony on the role of high value provider networks in containing health care costs and the necessity of competitive provider contracting under the Affordable Care Act. 

  • Provided consulting support to counsel for a major brand name pharmaceutical company in litigation alleging its marketing practices violated state law. 

  • In Purdue Pharma L.P. v. Depomed, Inc., supported the expert's work on commercial success as an objective indicator of patent non-obviousness on behalf of petitioner Purdue’s Inter Partes Review challenge to the validity of certain Depomed patents.  

  • Supported a testifying expert and provided consulting expertise on behalf of a healthcare provider to analyze the competitive effects of another healthcare provider’s exclusionary contracts with health insurers. 

  • Supported testifying expert and provided consulting expertise on behalf of a pharmaceutical supplier in connection with actions taken by the Drug Enforcement Administration to revoke its controlled substance certificate of registration. 

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