Sidley’s Healthcare lawyers are actively involved in a wide array of complex civil litigation. The suits we handle range from disputes with a single governmental agency to nationwide multidistrict class actions. We represent clients through all stages in the litigation process, from pre-trial investigation through trial to appeals before state and federal courts, including the United States Supreme Court.
Class Actions. In recent years, healthcare providers and companies have been frequent targets of class action litigation. The firm’s longstanding depth in class action defense, combined with our substantive experience in healthcare issues, has enabled us to provide particularly effective representation for clients faced with the particular challenges of complex healthcare litigation. Lawyers in each of our domestic offices have represented clients in class actions on subjects ranging from antitrust to consumer fraud to managed care contracting and reimbursement.
Antitrust. Antitrust has long been a particular strength of our Healthcare Litigation practice. We have successfully represented providers in many of the leading healthcare antitrust cases, including matters brought by the Federal Trade Commission, the U.S. Department of Justice, state attorneys general and private litigants. Our lawyers combine a strong background in the complexities of pharmaceutical and healthcare financing and delivery with extensive experience in the substantive laws governing mergers, price-fixing, monopolization, tying, price discrimination and other aspects of antitrust law.
False Claims Act/Reimbursement. Qui tam litigation under the False Claims Act (and its state-level counterparts) presents a distinct set of procedural and substantive issues. Our litigators have extensive experience dealing with the intricacies of these laws. Among other victories, we represented the prevailing party in Vermont Agency of Natural Resources v. United States ex rel. Stevens, in which the Supreme Court considered the application of the False Claims Act to the States.
Health Policy. Sidley lawyers regularly appear before trial and appellate courts on major health policy issues. For example, our firm represented the prevailing parties in Pegram v. Herdrich, the leading Supreme Court case on the application of ERISA to disputes concerning managed care cost incentives. We have submitted amicus curiae briefs on behalf of healthcare clients to the Supreme Court and other appellate courts on such issues as medical privacy, patentability of methods of medical testing and the right to die.