Health Care Litigation

Lowey Dannenberg:
the experienced choice for
Healthcare Litigation

Named the “go-to law firm” by industry leaders.

Lowey Dannenberg is known in the healthcare industry for its depth of experience. Our advice in this area is valued by the largest health benefits companies in the United States, including Aetna, CIGNA, Humana, and Anthem (formerly known as WellPoint). Lowey’s expertise was highlighted in the 2013 and 2014 editions of Corporate Counsel magazine’s “In House Law Departments at the Top 500 Companies,” where Aetna and Humana identified Lowey as a “Go-to Law Firm” for litigation services. Clients turn to us to recover overcharges for prescription drugs, other medical products or services, and liens. The firm often acts on their behalf in more routine non-contingent commercial litigation as well.

Let our service-oriented team protect your interests.

Lowey Dannenberg has industry expertise, particularly in the areas of:

  • Drug and Device Price Manipulation – Recovering overcharges from prescription drug and medical device price manipulation
  • Defective Drugs and Products – Litigating on behalf of insurers to recover overpayments for defective drugs and medical products
  • Lien Recovery – Prosecuting and settling lien reimbursements and lien recovery cases
  • Class Action Defense – Representing insurers facing threatened or existing class actions in state and federal courts

Representative Cases

Aggrenox Generic Delay Antitrust Lowey Dannenberg represents health insurers asserting antitrust claims against Boehringer Ingelheim Pharmaceuticals, Inc. and Barr Pharmaceuticals Inc., manufacturers of branded and generic Aggrenox.

Humana Inc. v. Boehringer Ingelheim Pharma GmbH & Co. KG, et al., No. 3:14-cv- 00572 (D. Conn.).

Lidoderm Generic Delay Antitrust Lowey Dannenberg represents health insurers asserting antitrust claims against Endo Pharmaceuticals, Inc., Teikoku Pharma USA, and Teikoku Seiyaku Co., Ltd., and Watson Pharmaceuticals, sellers of branded and generic Lidoderm.

Government Employees Health Association v. Endo Pharmaceuticals, Inc., et al., No. 3:14-cv-02180-WHO (N.D. Cal.).

In re Neurontin Marketing and Sales Practices Litigation Lowey Dannenberg represented health insurers in RICO actions against Pfizer for fraudulent marketing of Neurontin for unapproved uses

Aetna, Inc. v. Pfizer, et al., 712 F.3d 51 (1st Cir. 2013).

Hytrin Generic Delay Antitrust Lowey Dannenberg represented health insurers asserting antitrust claims against Abbott Laboratories and Geneva Pharmaceuticals.

In re Terazosin Hydrochloride Antitrust Litigation, No. 1:99-MD-01317 (S.D. Fl.)

Warfarin Sodium Antitrust Litigation Lowey Dannenberg represented health insurers asserting antitrust and other unfair trade practices act claims against DuPont Pharmaceuticals Company.

In re Warfarin Sodium Antitrust Litigation, 391 F.3d 516 (3rd Cir. 2004).

Cardizem CD Antitrust Litigation Lowey Dannenberg represented health insurers asserting antitrust claims against Aventis S.A. and Andrx Corporation.

In re Cardizem CD Antitrust Litig., 332 F.3d 896 (6th Cir. 2003).

Rezulin Antitrust Litigation Lowey Dannenberg represented health insurers in warranty and associated claims against Warner Lambert and Pfizer

Desiano v. Warner-Lambert Co., 326 F.3d 339 (2d Cir. 2003).

Other Health Care Engagements.

America’s Health Insurance Plans (AHIP), the national trade association representing health insurers, retained Lowey Dannenberg to represent it before the United States Supreme Court as amicus curiae in a seminal “pay-for-delay” pharmaceutical case.

Federal Trade Commission v. Actavis, 570 U.S. 756 (2013).

Lowey Dannenberg successfully established Medicare Advantage Organizations’ reimbursement recovery rights under the Medicare Secondary Payer Act.

In re Avandia Mktg., Sales Practices & Prod. Liab. Litig., 685 F.3d 353, 367 (3d Cir. 2012).

“The bottom line is that Lowey Dannenberg consistently delivers superb results.”

~ J. Edward Neugebauer, Deputy Chief Legal Officer and Head of Litigation, Aetna, Inc.

Landmark Outcomes

Lowey represented Aetna in an individual action seeking recovery against Pfizer for its off-label marketing of Neurontin and served as class counsel on the Plaintiff’s Steering Committee, securing the first-ever verdict in history against a pharmaceutical manufacturer (Pfizer) finding that it engaged in a RICO enterprise by fraudulently marketing its drug, resulting in a $142 million trebled award.

This pivotal decision reversed a negative trend in off-label drug marketing cases.  The Court’s conclusion that “Aetna’s economic injury was a foreseeable and natural consequence” of Pfizer’s scheme represents a common-sense application of the law to the economic realities of the prescription drug market.

Lowey later argued and won a landmark RICO decision in the United States Court of Appeals for the First Circuit, holding drug manufacturers accountable to health insurers for damages attributable to marketing fraud.

In re Neurontin Mktg. & Sales Practices Litigation, 712 F.3d 51 (1st Cir. 2013).

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<strong>”The bottom line is that Lowey Dannenberg consistently delivers superb results.”

~ J. Edward Neugebauer, Deputy Chief Legal Officer and Head of Litigation, Aetna, Inc.

Landmark Outcomes

Lowey represented Aetna in an individual action seeking recovery against Pfizer for its off-label marketing of Neurontin and served as class counsel on the Plaintiff’s Steering Committee, securing the first-ever verdict in history against a pharmaceutical manufacturer (Pfizer) finding that it engaged in a RICO enterprise by fraudulently marketing its drug, resulting in a $142 million trebled award.

This pivotal decision reversed a negative trend in off-label drug marketing cases.  The Court’s conclusion that “Aetna’s economic injury was a foreseeable and natural consequence” of Pfizer’s scheme represents a common-sense application of the law to the economic realities of the prescription drug market.

Lowey later argued and won a landmark RICO decision in the United States Court of Appeals for the First Circuit, holding drug manufacturers accountable to health insurers for damages attributable to marketing fraud.

In re Neurontin Mktg. & Sales Practices Litigation, 712 F.3d 51 (1st Cir. 2013).

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More than 50 years of landmark results.