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Thomas J. Poulin


Practice Groups

Experience

  • Nationwide representation of health care companies, including Blue Cross Blue Shield Plans, commercial insurers and managed care organizations in litigation, risk assessment and regulatory/compliance matters. 
  • National practice in Federal and State courts. 
  • Nationwide litigation practice representing whistleblowers in Federal and State qui tam actions.

Other Experience

  • Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P., trial attorney and transactional lawyer at another firm where his practice focused on health care transaction and litigation matters.

Selected Results*

  • Core trial team counsel.  Blue Cross Blue Shield of Massachusetts, Blue Cross Blue Shield of Minnesota, Federated Mutual Insurance Company, and Health Care Service Corporation v. Mylan Laboratories, Inc.  Verdict for clients.  The jury's verdict found that Mylan, Gyma and Cambrex violated state antitrust laws and awarded damages in excess of $12 million to plaintiffs (our clients). The Court is considering post-trial motions to treble the award.  The jury found that the defendants had restrained trade and acted willfully in excluding generic competitors' access to raw material for two popular anti-anxiety medications, lorazepam, the generic equivalent of Ativan®, and Clorazepate, the generic equivalent of Tranxene®.
  • Core trial team counsel.  Represented a group of fifteen (15) opt-out third party payers in settlement of claims against GlaxoSmithKline involving alleged fraudulent pricing in the In re Pharmaceutical Industry AWP Litigation.
  • Core trial team counsel.  United States of America ex rel. Brown, et al. v. AdvancePCS, Inc., Civ. No. 02-CV-9236 (E.D. Pa. 2002) and United States of America ex rel. Schumann v. Advance Paradigm, Inc., Civil Action No. 03-CV-5425 (E.D. Pa. 2003). Represented three whistleblowers in suits against AdvancePCS and Advance Paradigm alleging False Claims Act violations, which settled for $137,500,000. This was the first F.C.A. settlement involving claims against a pharmacy benefits manager (PBM).
  • Core trial team counsel.  United States of America ex rel. Schumann v. Medco Health Solutions, (E.D. Pa. 2003).  Represented whistleblower in qui tam action against PBM Medco Health Solutions alleging False Claims Act violations, which settled for $9.5 million.
  • Core trial team counsel.  In re Relafen Antitrust Litigation:  Represented a group of eighteen (18) insurers in claims against GlaxoSmithKline for antitrust violations.  Successfully negotiated out-of-class settlement of $12 million. 
  • Core trial team counsel.  Anthem, Inc. et al. v. Bristol-Myers Squibb.  Represented a group of twenty-two (22) opt-out third party payers in antitrust litigation against BMS, involving the BMS drug BuSpar.  Claims settled with BMS.  Follow-on claims against BMS involving the drug Taxol were also settled. 
  • Lead counsel.  In re Warfarin Sodium Antitrust Litigation.   Represented five (5) third party payors, in class action settlement and pursuing claims.  The clients’ claims against DuPont Pharmaceuticals were settled for $5 million. 
  • Core trial team counsel.  In re Synthroid Marketing Litigation.  Represented a consortium of eighteen (18) third party payors involving the fraudulent marketing of the drug Synthroid by Knoll Pharmaceutical Company/BASF.  Three Blue Cross Blue Shield plans (“Blue Plans”) opted out and reached a separate settlement. 

Memberships

  • American Health Lawyers Association
  • Maine State Bar Association (Business Law and Health Law Sections)
  • American Bar Association (Health Law Section)
  • Taxpayers Against Fraud

Bar Admissions

  • District of Columbia
  • Maine
  • U.S. District Court, District of Columbia
  • U.S. District Court, Maine

Education

  • University of Maine School of Law, J.D.
  • Ohio State University, B.A.

Books and Articles

Selected Speeches

    • Medical Coding and Legal Compliance
      Presentation to Primary Care Physicians at the Virginia Department of Health’s Casey Health Center
    • Legal Fundamentals
      University of Southern Maine Paralegal Program, instructor

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