Prosecute Unfair Pricing with Experienced Healthcare Attorneys in NY & PA

The unfortunate truth of price manipulation

It is an unfortunate truth that price manipulation schemes have plagued the healthcare industry for years. Whether by collusion, inaccurate wholesale price reporting or restricting trade of brand and generic drugs, healthcare industry drug and device price manipulation can lead to serious and significant distortion of medical costs to your institution.

Lowey Dannenberg Cohen & Hart, P.C. provides experienced counsel to prosecute healthcare pricing manipulation

Our team of AV Preeminent® rated attorneys has years of experience prosecuting drug pricing manipulation schemes against even the largest and most powerful players in the pharmaceutical industry. Successes include the following cases:

  • In landmark decision for health insurers, we reversed the dismissal of Aetna's RICO and state law claims for damages attributed to Pfizer's off-label marketing of the prescription drug Neurontin, reversing a trend of adverse decisions for third party payers in prescription drug off-label 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 prescription drug market. In re Neurontin Mktg. & Sales Practices Litigation, 712 F.3d 51 (1st Cir. 2013).
  • Representing Aetna as a class representative, the firm argued successfully for certification of a litigation class in In re Wellbutrin XL Antitrust Litigation, 282 F.R.D. 126 (E.D. Pa. 2011), and achieved a partial settlement of claims against one defendant (the case continues against a remaining defendant).  Previously, we argued successfully to allow class action prosecution of antitrust claims under New York law, the first decision to so hold.  In re Wellbutrin XL Antitrust Litigation, 756 F. Supp. 2d 670 (E.D. Pa. 2010).
  • Representing a group of thirty insurers and third party payers, we filed litigation in state court and then opted the clients out of class litigation regarding the marketing of the brand prescription drug Flonase, negotiating and achieving a more beneficial settlement for the clients than they would have received by remaining in the class.  Blue Cross and Blue Shield Association, et al. v. SmithKlineBeecham Corp., Philadelphia Court of Common Pleas, August Term 2012, No. 997.
  • Representing a group of health benefits plan providers (“TPPs”) starting with pre-litigation conception of a lawsuit in 2005, worked with class counsel on a lawsuit alleging that the prescription drug wholesaler, McKesson, and the prescription drug pricing information publisher, First DataBank, illegally conspired to increase the reported average wholesale prices of approximately 800 prescription drugs, resulting in increased prescription drug costs for consumers and third party payer health benefit plan providers. The firm then represented these TPP health plans in settlement negotiations with McKesson that resulted in a $350 million settlement and subsequent allocation mediation with counsel representing consumer class members, resulting in allocation of $285 million of the settlement award to TPPs. New England Carpenters Health Benefit Fund, et al. v. First DataBank, Inc. and McKesson Corp., No. 05-cv- 11148 (D. Ma.) (United Stated District Judge Patti B. Saris).

This experience fighting for our clients’ rights at the highest level, for the highest stakes and against the most funded adversaries proves our ability to handle even the most arduous of prescription drug pricing manipulation cases.

Our clients are biggest believers

Our superior service and dedication to excellence since 1968 leaves our clients satisfied with the entire process: "We have been delighted with the excellent legal representation and prompt attention to our concerns which we have received from Lowey Dannenberg, a firm that quickly grasped our legal and business needs and expectations. Creative fee arrangements are welcome in a budget-conscious institutional environment. The bottom line is that Lowey Dannenberg consistently delivers superb results." --J. Edward Neugebauer, Deputy Chief Legal Officer and Head of Litigation, Aetna, Inc.

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.