Pharmaceutical Overcharges

Lowey Dannenberg has become recognized as one of the nation's premier litigation firms for health insurers to recover overcharges for prescription drugs and other medical products and services. Our skills in this area are recognized by some of the largest health benefit companies in the United States, including Aetna, CIGNA, Humana and Wellpoint.

Richard Cohen is the president of the firm. He represents health insurers in actions to recover amounts overpaid for prescription drugs, medical devices, and medical services. He also represents institutional investors in shareholder litigation involving voting privileges and corporate governance.
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Cases

  • Lowey Dannenberg third party payer allocation counsel for $89 million Bextra® settlement
  • $65 million settlement with Merck after Lowey Dannenberg prosecutes claims for fraudulent marketing of Vioxx®
  • Lowey Dannenberg prosecutes and settles reimbursement liens on behalf of more than 40 health insurers vs. $4.85 billion Vioxx settlement fund
  • Lowey Dannenberg wins dismissal of class action against Aetna, Inc., Rawlings & Co., and Coach, Inc. alleging violations of ERISA and the Fair Debt Collection Practices Act
  • Dismissal of class action lawsuit for Aetna, Inc.
  • $80 million class settlement for class of end-payers, led by our clients, Wisconsin BC/BS and Aetna, which purchased Cardizem® CD
  • Won allocation of 82 percent of a $44 million Warfarin Sodium settlement for class of third party payers
  • Favorable (but confidential) opt-out settlement for TPPS which purchased Augmentin including Humana, CIGNA, Aetna and United Healthcare
  • $55 million settlement for group of health insurers that overpaid for Lupron including Humana, CIGNA and others
  • $28.7 million class settlement for class of consumers and third party payers who purchased Hytrin®
  • $15 million plus settlement for group of third party payers, including Aetna and CIGNA, who purchased Relafen®
  • Won federal appeals court reversal recognizing third party payer right of recovery for overpayment for defective drugs for class of third party payers led by our client Blue Cross/Blue Shield of Louisiana

Client testimonial

"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.

 

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