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Healthcare

The sustained strong growth of the healthcare industry has been accompanied by a surge in the frequency of legal controversies and disputes about the economic substance of its operations. Compass Lexecon has from the outset helped its clients in the healthcare industry to navigate these economic disputes. We assist clients in all segments of the industry, including (among others) hospitals, physician groups, nursing homes, health insurers, health care networks, pharmaceutical manufacturers and distributors, and medical equipment and device companies.

Compass Lexecon economists keep abreast of the latest industry news and relevant academic research, and undertake research themselves on various aspects of health economics. Compass Lexecon and its staff have deep experience in a broad range of healthcare issues including horizontal and vertical mergers, joint ventures, claims of anticompetitive conduct, medical staff privileges decisions, contract performance and breach, provider pricing and reimbursement conflicts, exclusive contracting practices, patent infringement and enforcement, class action considerations, damages, and more. We also understand how these areas function together when analyzing cases that involve multiple interrelated claims and issues.

Compass Lexecon has contributed to cases that relate to all of these areas within the various segments of the healthcare industry. Our contributions include reports, presentations, and testimony, presented in the context of negotiations, mediation, arbitration, motion practice, trial, and appeal. Over the course of that participation we develop extensive experience in locating, processing, and interpreting substantial quantities of publicly available health services data from government and private sources, as well as working with massive electronic files of business and transaction data from clients and third parties.

Compass Lexecon builds its analyses on a strong foundation of sound economic theory and principles. We support those analyses through extensive and careful empirical work that brings the relevant data to bear on the critical questions. Compass Lexecon economists in the healthcare practice area have particular expertise applying this analytical approach in the following areas:

• Healthcare Services – A primary focus of our healthcare practice area is assisting hospital and physician organizations in a wide array of matters involving mergers, antitrust conduct claims, certificate-of-need challenges, contract disputes, and pricing complaints.

• Healthcare Financing – Our economists have deep experience in the economics of healthcare financing products and practices, and have assisted our health insurance, HMO, PPO, and prescription drug benefit clients in matters ranging from merger opposition to price-fixing contentions to provider network exclusivity challenges.

• Pharmaceuticals – Compass Lexecon has assisted pharmaceutical manufacturers, distributors, and networks in merger, antitrust, and patent cases, and has evaluated potential damages in disagreements between pharmaceutical companies about the timing of patent expiration and generic release.

• Medical Equipment and Devices – Our economists are experienced in cases relating to the design, patenting, production, and marketing of various types of medical equipment and devices.

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