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Fraud and false claims

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Overview

Careful economic and statistical analyses are often required to assess liability, causation, and damages in cases involving alleged kickbacks, off-label marketing, non-compliance with state and federal statutes, and other false, fraudulent, or deceptive practices. Our experts have conducted these analyses and provided testimony and consulting support in connection with state and federal false claims act matters, class action civil RICO and consumer protection cases, parens patriae claims brought by state attorneys general, and government investigations.

Selected Work

  • In United States ex rel. Steven May and Angela Radcliffe v. Purdue Pharma L.P., served as a testifying expert on causation and damages on behalf of Purdue in connection with alleged False Claims Act (FCA) violations concerning alleged improper marketing of OxyContin to physicians, state Medicaid organizations, and Veteran’s Administration facilities. 
  • In United States v. Guidant Corp., served as a testifying expert on damages on behalf of a medical device manufacturer in connection with alleged FCA violations concerning certain implantable cardiac devices affected by a manufacturing change. 
  • Served as consulting expert to evaluate issues of liability, causation, and damages on behalf of a major brand name drug manufacturer facing a government investigation into various allegations regarding its marketing practices. 
  • Retained as testifying expert on behalf of a specialty pharmacy in a matter involving allegations of Anti-Kickback Statute violations
  • Provided written, deposition, and trial expert testimony on behalf of a number of pharmaceutical manufacturers in expansive federal and state multidistrict Average Wholesale Price Litigation, in which public and private insurers allege that they overpaid for prescription pharmaceuticals as a result of inflated prices published by manufacturers. 
  • In Applied Medical v. Ethicon Endo-Surgery, on behalf of Applied Medical, investigated economic issues associated with the court’s consideration of injunctive relief regarding allegations of false advertising in markets for laparoscopic medical devices.
  • Computed damages arising from lost sales of a major antiviral pharmaceutical product. 
  • Provided consulting expertise on issues of liability, causation, and damages on behalf of a pharmaceutical manufacturer alleged to have engaged in off-label marketing.

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