Overview
Claims of harm may arise from a wide range of challenged actions and events, including alleged breach of contract, inappropriate marketing activities, anticompetitive behavior, non-compliance with government statutes and regulations, and adverse events associated with pharmaceuticals and medical products. Our experts have testified and consulted on a large number of such matters, opining on damages and valuation and providing clients with insights and tools that guide litigation and settlement strategies. Our experts combine deep industry expertise with first-rate application of economic theory and data analytics to effectively and efficiently develop and support these opinions.
Selected Work
- In litigation between two pharmaceutical manufacturers, provided expert testimony criticizing plaintiff’s analyses of purported lost profits stemming from alleged foreclosure. Evaluated both historical and future claims of damages utilizing company documents and historical sales data.
- In Ohio Bureau of Worker’s Compensation v. OptumRx Administrative Services, LLC and State of Louisiana v. Molina Healthcare, Inc., provided expert testimony criticizing plaintiffs’ analyses of purported overpayments resulting from alleged improper adjudication of pharmacy claims. Analyzed pharmaceutical claims and pricing data as well as relevant plan documents to rebut plaintiffs’ damages calculations.
- Provided affirmative and rebuttal expert testimony on damages in numerous cases involving payer-provider disputes regarding reimbursement rates for healthcare services. Example cases include Florida Emergency Physicians v. Celtic Insurance Co and Broward Health v. Celtic Insurance Co. Provided opinions describing the nature of competition in healthcare markets and addressed plaintiffs’ damages methodology. Analyzed various healthcare data to estimate usual and customary rates (UCR) and other benchmarks to evaluate disputed reimbursements.
- In United States ex rel. Matthew Fitzer v. Allergan Inc. et al., provided expert testimony on plaintiff’s analysis of purported damages in connection with False Claims Act violations associated with Allergan’s alleged inducement causing surgeons to use its weight loss device. Evaluated plaintiff’s damages methodology and conducted a variety of empirical analyses that revealed patterns inconsistent with several of the plaintiff's allegations and theories.
- In Mier v. CVS, provided expert testimony to rebut plaintiffs’ conjoint analysis that purportedly showed class-wide damages resulting from allegedly misleading labeling.
- In United States of America, ex rel. Michael Bawduniak v. Biogen IDEC Inc., provided expert report and testimony criticizing plaintiff’s analyses of purported Medicaid and Medicare overpayments in connection with alleged False Claims Act violations associated with alleged kickbacks concerning Biogen’s promotional events. Evaluated manufacturer promotional data and Medicare and Medicaid claims data to demonstrate limited government impact.
- In In re National Prescription Opiate Litigation and related litigation, provided expert testimony responding to plaintiff calculations of compensatory damages, public nuisance harm, and disgorgement.