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Healthcare & Life Sciences

The healthcare and life sciences industries face a continually evolving business and regulatory landscape, resulting in a wide range of disputes. Successfully navigating these challenges requires in-depth knowledge of the economic issues in this field combined with a deep understanding of the industry.

The Brattle Group’s experts and consultants combine economic principles, proficiency with institutional features, and extensive data analytics capabilities to assist our clients with issues that arise in disputes, investigations, and regulatory proceedings. We provide economic expertise and expert testimony on matters related to pharmaceuticals, biologics, medical devices, providers, and health insurers.

We are known for developing accessible and persuasive analyses grounded in economic and financial principles, as well as for our close working relationships with leading academics and industry practitioners. We have particular expertise in leveraging data analytics tools to obtain insights from massive healthcare datasets, which can include billions of observations.

Areas of Expertise

Engagements
REPRESENTATIVE ENGAGEMENTS

Below is a list of representative engagements for our Healthcare & Life Sciences practice.

Successful defense of a monopolization summary judgment on behalf of a major healthcare system

A Brattle expert led a team of economists to support the lead economic expert in a healthcare company’s appeal of monopolization claims leveled against it by a competitor. The lead expert used the results of a series of analyses to demonstrate that the healthcare company’s negotiations with commercial insurers over prices and provider network designs were competitive, and that the complaining competitor had not been hampered in its ability to compete. The appeals court agreed, and affirmed a prior judgement in the client’s favor. 

Pharmaceutical transaction analysis

For a potential multi-billion dollar joint venture between two pharmaceutical manufacturers, a Brattle expert led a global team conducting economic and econometric analyses regarding the possible venture. The analysis supported the proposed transaction, finding relatively little competition between the merging parties’ products. The deal received clearance in multiple jurisdictions, including without second requests in the US.

Assessment of damages arising from healthcare data breach

A Brattle team worked on behalf of the plaintiffs in a class action lawsuit related to a high-profile breach of Premera Blue Cross’s healthcare data. We conducted numerous analyses and prepared reports explaining how to quantify the damage inflicted on the individuals whose personal data was misappropriated. Using a novel approach, we demonstrated how to use data related to dark web sales of personal information to objectively measure consumer losses from the breach.

Experts
Publications
Article
A Primer on Health Care Administrative Claims Data and Its Use in Litigation
October 2020
Lisa J. Cameron and Sohini Mahapatra
Published by the American Health Law Association (AHLA)
News & Knowledge
June 25, 2021
Antitrust and Privacy Issues with Health and Big Data: Dr. Josephine Duh to Discuss at Antitrust in Life Sciences Conference

Brattle Senior Associate and Co-Leader of the Healthcare & Life Sciences Practice Dr. Josephine Duh will take part in the second annual Concurrences Antitrust in Life Sciences Conference, which will take place virtually June 22–25.

April 29, 2021
Antitrust Investigations in Healthcare and Pharma: Dr. Loren Smith to Discuss Changes and Best Practices at ABA Roundtable

Brattle Principal Dr. Loren Smith will discuss 2021 antitrust enforcement priorities for the healthcare industry at an American Bar Association (ABA) roundtable sponsored by the ABA Litigation Section’s Health Law Litigation Committee and Antitrust Litigation Committee on Thursday, April 29 from 9:00–10:00 a.m. (PT) | 12:00–1:00 p.m. (ET).

February 24, 2021
Hospital and Health System Mergers: Loren Smith to Discuss at AHLA Webinar

Brattle Principal Loren Smith will discuss hospital and health system mergers at an American Health Law Association (AHLA) Education Center webinar, “Antitrust Enforcement Update on Hospital and Health System Mergers,” on Wednesday, February 24 from 11:00 a.m.–12:30 p.m. (PT) | 2:00–3:30 p.m. (ET).

December 10, 2020
Brattle Experts Author a Primer on Health Care Administrative Claims Data and Its Importance in the Legal Arena

Drs. Lisa Cameron and Sohini Mahapatra have authored a primer on the different types of healthcare administrative claims datasets and how they are used in litigation, investigations, and mergers for the American Health Law Association (AHLA).

April 01, 2020
The Brattle Group Welcomes Leading Competition Economist Loren Smith

Competition economist Loren Smith joined The Brattle Group’s global Antitrust and Competition group as a Principal in its Washington, DC office and will lead the firm’s US mergers team.