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“This group maintains an active litigation practice and makes an impression in several important fields including products liability…”

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As a healthcare provider or manufacturer of life-saving technology, you may face high-profile, high-stakes cases can earn loud media attention. But no matter the size of the case, the size of the company, or the nature of the alleged injuries, a lawsuit can turn your world upside down. Reputations are at stake as much as the future of the products themselves. Blank Rome’s litigation and product liability attorneys understand the complex challenges you face in your commitment to advance healthcare and medical science.&nbsp;

Our litigation services for healthcare clients extend far beyond product liability. We represent hospitals, healthcare systems, physicians, pharmaceutical companies, medical device manufacturers, skilled nursing homes, and other healthcare providers in just about every form of litigation imaginable, including contract disputes, patent enforcement and infringement, and government investigations and enforcement.&nbsp;

With one of the country’s leading litigation practices, we are committed to finding the right resolution for your matter. While we always prepare each case with an eye towards trial, we work with you to find more efficient resolutions that achieve your goals whenever possible.&nbsp;

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False Claims Act / qui tam claims

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We also devote significant time to preventive counseling on behalf of our clients, from routine advice to custom training programs. Blank Rome represents health providers before federal and state regulatory agencies and audit contractors, including, among others, the Centers for Medicare and Medicaid Services, the Public Health Service, the Federal Trade Commission, the Department of Defense, and the Department of Veterans Affairs.&nbsp;

Our team includes a Vice Chair for the Toxics &amp; Hazardous Substances Committee of the International Association of Defense Counsel (“IADC”), and a current chair of the American Bar Association’s Product Liability Subcommittee.

2025 U.S. News World Report—Best Lawyers® (Woodward/White, Inc.) “Best Law Firms” ranks the firm Tier 1 for Commercial Litigation nationally and in Dallas/Fort Worth, Philadelphia, and Pittsburgh.

Chambers USA has ranked the firm for commercial litigation in Pennsylvania, New Jersey, and Texas. Chambers editors write:

Healthcare

Healthcare – Financing Transactions

Healthcare – Public Policy, Government Contracts Counseling & Compliance

Healthcare – Real Estate Transactions

Healthcare IT

Barak A. Bassman

Lawrence J. Beaser

Jennifer J. Daniels

Jeffrey W. DeBeer

P. Gavin Eastgate

Emily L. Hussey

Sharon R. Klein

Rachael G. Pontikes

Eric S. Tower Joins Becker’s Healthcare Podcast

Under the Microscope: Legal Issues in Life Sciences & Healthcare

Navigating FDA Regulation and Healthcare Innovation with Tom Sundlof

Reimagining Employer-Sponsored Healthcare with Jack Hill of Nomi Health

Building Value in Infusion: Data, Compliance, and Deal Readiness

Marketing & Legal: GLP-1 Messaging Do’s and Don’ts

AI Agents in Healthcare: Innovation, Compliance, and the Future of Care Delivery

Future of Healthcare Delivery: A Conversation with Danielle Bangs

Eric S. Tower Joins the On Tech Ethics with CITI Program Podcast

Transforming Healthcare Habits and Trust

Leading with Integrity: Dr. David Schreiner on Transforming Rural Healthcare

Innovative Strategies in Healthcare: A Conversation with Dan Yunker

Regulatory Rundown: What Compounders Need to Know Now

Unlocking the Future of Healthcare: How to Drive Innovative Strategies

Rachael G. Pontikes: Noteworthy Speaking Engagements

Blank Rome Welcomes Trio of Leading Regulatory and Litigation Partners in Chicago and Philadelphia

The Future of Value-Based Care with Dr. Vishnukamal Golla

Insights on Consolidation and PE in Physician Practice Management

Empowering Physicians & Provider Groups as they Navigate the Transition to Value-Based Care

Tech-enabled Services in Healthcare – Challenges and Opportunities with Artificial Intelligence and Machine Learning

How Value-Based Care Models Affect Physician Practice Valuation

Talking Spine: Changes in Spine Health Delivery and Medical Device Innovation

Exploring the Role of Operating Partners in Private Equity

The Great Reset in the Healthcare Industry

Structuring and Maintaining Value-based Care Arrangements

Navigating the Road to Value-Based Care

Innovating Healthcare: Navigating the New Tech Frontier and Overcoming Implementation Challenges

What’s Ahead for Healthcare? Disruption, Diversification, Investment, and Emboldened Employers

Bridging Gaps, Enhancing Access, and Embracing Value-Based Care

HIPAA Physical Security May Be Ripe for Audit despite Fewer Cases

Litigation

Product Liability

Labeling & Advertising

Industry

Terry M. Henry

Lauren E. O’Donnell

James T. Smith

<ul>
<li>Counseling and litigation concerning drug pricing issues related to Medicaid Best Price, Medicare Part D, nominal pricing, and off-label marketing.</li>
<li>Advise on numerous matters involving the negotiation, auditing, internal investigations, compliance, and litigation related to pharmacy benefit management (PBM) contracts.</li>
<li>Counseling and litigation on behalf of a mid-sized PBM related to issues of best practices, transparency, rebate contracting, and alleged receipt of kickbacks.</li>
<li>Negotiation and litigation regarding pharmaceutical rebate contracts, educational grants, data sales contracts, and service agreements between drug manufacturers and MCOs.</li>
<li>Numerous fraud investigations into renal dialysis centers, psychiatric hospitals, clinical laboratories, therapy, home healthcare companies, and for-profit hospital chains—including forensic data analysis, interviewing hundreds of witnesses, and leading negotiation on behalf of consortia of healthcare payers.</li>
<li>Representation of a large Medicare fiscal intermediary in response to a U.S. Department of Justice (DOJ) False Claims Act action, including issues related to cooperation with the government, document preservation and retention, management and scope of the investigation, notification, and voluntary disclosure issues.</li>
<li>Representation of a large health management organization (HMO) in the first DOJ False Claims Act investigation into allegations of violations of Medicaid Best Price Statute, including charges of criminal collusion with drug manufacturers.</li>
<li>Antitrust counseling and litigation concerning marketing activities of drug manufacturers, settlements between brand and generic drug manufacturers, and sham litigation claims related to patent evergreening, including representation before the FTC.</li>
<li>Counseling and litigation for numerous clients related to the False Claims Act and the Anti-Kickback Act, including analysis of relevant safe harbors.</li>
<li>Numerous cases involving defense of class actions, multidistrict litigation, and coordination and management of complex multiparty litigation.</li>
<li>Counseling and litigation concerning numerous ERISA preemption, HIPAA privacy, Medicare Secondary Payer (MSP), and Social Security issues. Lead counsel for COBRA administrator on behalf of numerous employer plans covering over three million covered lives.</li>
</ul>

Healthcare – Litigation & Product Liability

Healthcare – Litigation & Product Liability

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