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 conduct these analyses and provide testimony and consulting support in connection with state and federal False Claims Act (FCA) and Anti-Kickback Statute (AKS) 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. Fitzer v. Allergan, Inc. et al., provided expert analysis on behalf of Allergan in a matter alleging violations of the FCA and AKS. Provided opinions relating to data analysis and economic damages.
- In Commonwealth of Kentucky, ex rel. Andy Beshear, Attorney General v. Fresenius Medical Care Holdings, Inc., testified on behalf of Fresenius Medical Care in a matter alleging misleading and deceptive practices relating to a product called GranuFlo.
- In Medical Mutual of Ohio v. AbbVie Inc. et al., provided expert analysis of economic issues related to class certification on behalf of a joint defense group of leading testosterone replacement therapy manufacturers whose purported misrepresentations and off-label marketing to third-party payors allegedly violated RICO. Class certification was denied.
- In United States ex rel. George v. Fresenius Medical Care Holdings, Inc., provided expert testimony on behalf of Fresenius Medical Care. Analyzed pharmaceutical dosing and administration practices, dialysis treatment patterns, and Medicare reimbursement using several large internal databases.
- In United States ex rel. Kevin N. Colquitt v. Abbott Labs., Inc., served as testifying expert on behalf of Abbott in connection with alleged off-label promotion of certain medical devices that violated the FCA.
- In United States ex rel. Donald R. Galmines v. Novartis Pharmaceuticals Corp., served as a testifying expert on causation and damages on behalf of Novartis in connection with purported off-label promotion of Novartis’s Elidel®, which allegedly violated the FCA.
- In United States v. Novartis Pharmaceuticals Corp. and BioScrip, Inc., served as a testifying expert on the economics of pharmacy dispensing, government reimbursements, and adherence in connection with alleged FCA violations associated with alleged kickbacks provided through Novartis’s distribution of two pharmaceuticals.
- In United States v. Guidant Corp., served as a testifying expert on damages on behalf of Guidant in connection with alleged FCA violations involving certain implantable cardiac devices affected by a manufacturing change.