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Health Care Litigation

Our Health Care lawyers represent large health insurers, including Blue Cross plans, employers and individuals in nationwide litigation, with an emphasis on confronting and resolving abusive practices of health care providers that drive up health care costs.  These providers include prescription drug manufacturers, medical care providers and pharmacy benefit managers (PBMs).  Abusive practices that we seek to address are those that may violate antitrust, deceptive trade practice, state/federal false claims acts, and/or fraud and abuse laws.

Whom We Represent

  • Large health insurers, including AMS, Anthem BCBS, Assurant, BCBS of Florida, BCBS of Louisiana, BCBS of Massachusetts, BCBS of Michigan, BCBS of Minnesota, BCBS of Nebraska, BCBS of Oklahoma, BCBS of Tennessee, BCBS of Vermont, CareFirst BCBS, Excellus BCBS, Federate Mutual Insurance Company, HMSA, Heath Care Service Corporation, Horizon BCBS, Humana, Kaiser Foundation Healthplan, Medical Mutual of Ohio, Mutual of Omaha, Oxford Healthplan, Pacificare, The Regence Group, Wellchoice BCBS, and Wellmark BCBS.
  • Employers
  • Individuals
  • Whistleblowers in qui tam cases involving fraudulent health care provider practices, and overbilling of state or federal government programs.       

Our Experience

Our Health Care lawyers have represented consortia of payers in Synthroid, Mylan, Coumadin, Cardizem, BuSpar, Taxol, Hytrin, Relafen, Paxil, and Neurontin.  In addition, we have led nationwide investigations into fraud and abuse claims involving nearly every aspect of the health care industry.  And, we have represented payers and other clients in PBM cases such as Medco Health Solutions, Inc. and Caremark.

In the News

October 24, 2006 - Robins, Kaplan, Miller & Ciresi L.L.P. announces that Medco Health Solutions Inc., has agreed to pay $9.5 million to a whistleblower to resolve qui tam claims under the federal False Claims Act brought against the pharmacy benefits manager (PBM) in the Eastern District of Pennsylvania in Philadelphia.  The claims concern kickbacks from pharmaceutical manufacturers to Medco.  This is the second settlement handled by the firm involving a federal False Claims Act or "qui tam" suit against a PBM; the Act allows private citizens to sue individuals and companies they believe have defrauded the government.  The firm also represented three plaintiffs in the first major "whistleblower" settlement of this kind, entitling the three whistleblowers to $137.5 million in their November 2005 settlement against Caremark Rx, Inc., formerly known as AdvancePCS, Inc.  Read more.

September 8, 2005 - Robins, Kaplan, Miller & Ciresi L.L.P. announces that Caremark Rx, Inc., formerly known as AdvancePCS, Inc., has agreed to pay $137.5 million to settle landmark litigation brought against the pharmacy benefits manager (PBM) by three whistleblowers. The settlement is the first of its kind involving a federal False Claims Act or "qui tam" suit against the PBM. The complaints alleged the PBMs knowing solicited and received kickbacks from Pharmaceutical manufacturers allegedly in exchange for favorable treatment of the manufacturers' products under contracts with government programs. Read more.

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* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and do not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

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