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Holding healthcare companies accountable for overcharges and deficiencies

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Health Care Attorneys in New York

Lowey Dannenberg: the experienced choice for Healthcare Litigation

Named the “go-to law firm” by industry leaders.

Lowey Dannenberg is the nation’s premier pharmaceutical recovery law firm. It is known in the healthcare industry for its market-leading initiatives, depth of experience, and consistent results.

The Firm’s advice is valued by the largest health benefits companies in the United States, including Aetna CVS, Elevance, the Blue Cross and Blue Shield Association, Cigna, HCSC, Humana and numerous other companies. Lowey Dannenberg’s expertise was highlighted when Aetna and Humana each identified Lowey as a “Go-to Law Firm” for litigation services Corporate Counsel magazine’s “In House Law Departments at the Top 500 Companies.”

Led by

Proficient Attorneys who prosecute any overcharges and deficiencies for health benefit providers

Geoffrey M. Horn

Healthcare litigation

Geoffrey Horn represents third-party payers such as major health insurers, HMOs, employers, and health and pharmacy benefits plans.

Gerald Lawrence

Healthcare litigation

Mr. Lawrence is sought after by clients for a range of complex litigation matters in the areas of healthcare and investor litigation.

Peter D. St. Phillip

Healthcare litigation

Peter St. Phillip is the firm’s head of litigation and represents institutional clients in large-scale cost recovery litigation.

Cases

In re Generic Pharmaceuticals Pricing Antitrust Litig., MDL No. 2724 (E.D. Pa.)

 Lowey Dannenberg represents 34 of the nation’s largest health insurers, including Elevance Health (formerly known as Anthem), Aetna, Humana, and 25 BlueCross BlueShield licensees in connection with their claims relating to widespread price-fixing of generic pharmaceutical products. Some of this litigation has been centralized before the Honorable Cynthia M. Rufe in In re Generic Pharmaceuticals Pricing Antitrust Litig., MDL No. 2724 (E.D. Pa.). Lowey Dannenberg’s clients collectively purchased billions of dollars of these drugs during the alleged price-fixing conspiracies.

Amitza

Lowey Dannenberg, on behalf of named plaintiff Premera Blue Cross, is leading a class on behalf of Third-Party Payers of Amitiza (Lubiprostone) against Takeda Pharmaceutical Company Ltd. and related entities. Plaintiff allege that drug manufacturers Takeda and Sucampo, acting as partners, reached an anticompetitive agreement with generic manufacturer Par Pharmaceutical, Inc. in 2014, under which Par would delay market entry of its generic Amitiza until January 1, 2021, at which point it could either sell its own generic product or a Sucampo-supplied product, and the parties would agree to split the generic revenue 50/50. 

On September 19, 2025, Judge Joun granted Premera’s motion for class certification, certifying both a damages class and an unjust enrichment class of Third-Party Payers who were injured by Takeda’s “pay-for delay” scheme that delayed generic competition.

Amgen

On September 30, 2025, the U.S. District Court for the Eastern District of Virginia largely denied Amgen’s motion to dismiss in CareFirst of Maryland Inc. et al. v. Amgen Inc. et al., No. 2:24-cv-00484 (E.D. Va.). In this case, Lowey Dannenberg represents CareFirst and a putative class of end payors against Amgen, alleging that Amgen engaged in a years-long scheme to interfere with and delay biosimilar competition for etanercept, brand-name Enbrel, one of Amgen’s most profitable drugs.

In its decision, the Court found that plaintiffs properly pleaded all the elements for their monopolization claims and sustained 31 (of 32) state antitrust claims, 36 (of 36) consumer protection claims, and 42 (of 48) unjust enrichment claims.

Real Results

Holding healthcare companies accountable for overcharges and collusion.

Pharma Industry Takes Advantage of COVID Epidemic to Mislead Investors

Recently, several major players in the pharmaceutical industry have faced severe shareholder scrutiny for misleading the public regarding their roles in the production of COVID-19 vaccines. The company to most recently fall in the limelight is Emergent Biosolutions…

Additional Notable Achievements

Our longstanding experience has led to billions of dollars recovered for investors and set a precedent in antitrust policies.

 

 

Cardizem

In 1998, Lowey Dannenberg filed the first-ever pay-for-delay class action on behalf of consumers and third party payers against Aventis S.A. and Andrx Corp., alleging the brand pharmaceutical company engaged in anti-competitive agreements regarding the blood pressure drug Cardizem CD to prevent more affordable generic equivalents from entering the market.

Lowey served as lead counsel and argued before the United States Court of Appeals for the Sixth Circuit in a landmark decision that unanimously affirmed a summary judgment of per se liability against defendants. Lowey successfully negotiated an $80 million class settlement.

In re Cardizem CD Antitrust Litigation, MDL No. 1278 (E.D. Mich.)

Wellbutrin

Lowey Dannenberg served as class counsel in a generic pay-for-delay case against GlaxoSmithKline and Valeant (f/k/a Biovail), alleging they formed an anti-competitive agreement to prevent the market entry of a cheaper, generic version of the blockbuster antidepressant drug, Wellbutrin XL.

Lowey achieved a $11.75 million settlement with Valeant.

In re Wellbutrin XL Antitrust Litig., Case No. 08 Civ. 2433 (E.D. Pa.)

Desiano v. Warner-Lambert Co., 326 F.3d 339 (2d Cir. 2003).

In the Rezulin litigation, Lowey Dannenberg, representing a class of endpayers, made law that has influenced every third party payer prescription drug case since. Louisiana BlueCross BlueShield (“LABCBS”), sued Warner Lambert and Pfizer for alleged misrepresentations about the qualities of their antidiabetic medication, Rezulin, injuring LABCBS in excessive purchases of the drug. Lowey successfully argued to reverse dismissal of LABCBS’ class action in a precedent-setting appeal to the Second Circuit. This case established the direct rights (as contrasted with derivative, and more limited, subrogation rights) of third-party payers to sue pharmaceutical manufacturers for drug overcharges for defective drugs.

In re Avandia Mktg., Sales Practices & Prod. Liab. Litig., 685 F.3d 353, 367 (3d Cir. 2012).

Lowey Dannenberg successfully established Medicare Advantage Organizations’ reimbursement recovery rights under the Medicare Secondary Payer Act. 

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“The bottom line is that Lowey Dannenberg consistently delivers superb results.”

~ J. Edward Neugebauer, Deputy Chief Legal Officer and Head of Litigation, Aetna, Inc.

Landmark Outcomes

Lowey represented Aetna in an individual action seeking recovery against Pfizer for its off-label marketing of Neurontin and served as class counsel on the Plaintiff’s Steering Committee, securing the first-ever verdict in history against a pharmaceutical manufacturer (Pfizer) finding it engaged in a RICO enterprise by fraudulently marketing its drug, resulting in a $142 million trebled award. This pivotal decision reversed a negative trend in off-label drug marketing cases.  The Court’s conclusion that “Aetna’s economic injury was a foreseeable and natural consequence” of Pfizer’s scheme represents a common-sense application of the law to the economic realities of the prescription drug market.
Lowey later argued and won a landmark RICO decision in the United States Court of Appeals for the First Circuit, holding drug manufacturers accountable to health insurers for damages attributable to marketing fraud. In re Neurontin Mktg. & Sales Practices Litig., 712 F.3d 51 (1st Cir. 2013).

 

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