Fiduciary duty and litigation

Everyone is suing everyone: a healthcare litigation map

Originally posted by

What does it say when just about every kind of stakeholder is suing every other kind of stakeholder in a system, credibly accusing them of ripping us off?

It’s hard to stay on top of all of the various stakeholders suing each other in the healthcare space.

Employees suing health plans.
Health plans suing TPAs.
Health plans suing networks.
Health systems suing employers.
Health systems suing health insurers.

Add to that: insurer/TPA suing a huge chunk of the generic pharmaceutical industry for price fixing.

Aetna v. Actavis, et al. was recently filed and contains a lot of really troublesome allegations (with screenshots) that twenty companies conspired to keep the prices of generic drugs high.

Aetna accuses the manufacturers of an illegal scheme to fix prices, rig bids, and allocate markets for generic drugs.

The conspiracy allegedly involved secret communications, trade association meetings, private meetings, and personal communications.

Aetna alleges the overarching conspiracy was based on a "fair share" understanding, where competitors agreed to maintain their market share and avoid price competition.

In short, if Aetna is right, the manufacturers coordinated to rip us all off.

Here is the 400+ page complaint: https://lnkd.in/epe-2t9B

Sources

  • Aetna v. Actavis

Originally posted on LinkedIn, where the discussion and source links live in the comments.

About the author

Chris Vanderwolk is Director of Compliance and Innovation at OneDigital | Kistler Tiffany Benefits General Agency, where he helps brokers and employers navigate the regulatory complexity of employee benefits. An ERISA attorney with more than 19 years in the benefits industry, he specializes in translating what the law actually requires into language people can use.

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