Our Attorneys Recover For Defective Drugs and Products Costs

Providing recourse on defective medical product expenses

Few issues can cause insurance health benefit providers to overpay more than defective prescription drugs or medical products. A defective drug that was misrepresented to insurers and the general public can cause serious harm to both patients and the insurance companies that financially support the medication. Lowey Dannenberg Cohen & Hart, P.C. has extensive knowledge and experience within this realm of healthcare litigation, as our team played a vital role in securing the rights of healthcare insurers and third party payers to recover overpayments in cases of defective products and drugs; especially where they were marketed to the public and to insurers in a misleading manner.

Renowned service throughout the litigation process

In the event that you or your organization has been wronged by defective pharmaceuticals, Lowey Dannenberg will guide you through the process of recovering your affected costs and rectifying your situation. We are experienced in this process and have even helped secure landmark litigation that vastly affected the field. Our successes in the field prove this acumen:

  • Lowey Dannenberg pioneered this field representing Blue Cross/Blue Shield of Louisiana as the head of a class seeking to recover costs of providing liver treatment to patients who were harmed by Rezulin, a diabetes medication produced by the Warner-Lambert company.  We navigated a lengthy process that included appeals and ultimately won health insurance providers the right to seek recovery costs in the event of a defective drug. Desiano v. Warner-Lambert, 326 F.3d 339 (2d Cir. 2003).
  • After Pfizer recalled a few specified lots of Lipitor 40 mg for quality control (odor) reasons, we negotiated a non-litigation settlement of purchase claims for 41 health benefit plans.
  • The firm represented more than 40 of the largest health benefit plan providers in the U.S., which brought civil actions in New Jersey state court against Merck, seeking recovery of amounts they paid for Vioxx prescribed to their insureds. Vioxx was pulled off the market in September 2004 by Merck due to its side-effect risks of heart attack and strokes. On August 4, 2009, Merck agreed to pay a $65 million to settle these claims and similar claims by other TPPs. Our clients filed multiple actions, the first of which was Medical Mutual of Ohio v. Merck & Co., Inc., N.J. Superior Ct. Atlantic County, Docket No. ATL-L-07319-06-MT, Case No. 619 (Superior Court Judge Carol Higbee).
  • Without filing suit, represented more than 50 large health insurers and major union and employer health benefit plans, we settled claims for more than 60 third party payers without litigation, recovering millions of dollars from Bayer for the recalled cholesterol drug Baycol.

This experience setting the precedent that provides avenues for insurance providers to seek recovery costs for defective and improperly marketed prescription drugs and medical devices has established Lowey Dannenberg as a leading choice for health insurance providers when litigating with pharmaceutical companies over cost recovery.

Have the innovators in defective drug litigation argue your case.

Contact us.

If you or your institution has been harmed, nationally-recognized Lowey Dannenberg has the experience needed to handle your complex litigation needs. Speak with an attorney at our offices in New York or Pennsylvania online or at 914-997-0500.