Cornerstone Research provides class certification analyses in a wide range of healthcare cases, including antitrust and competition, managed care contracting, coverage disputes, reimbursement practices, and disputes related to alleged “surcharge fees” and “surprise medical billing.” Clients also seek our expertise in class certification analyses for cases involving claims of product liability, misrepresentation, and false advertising pertaining to medical coverage, healthcare benefits, and other healthcare products. We have addressed questions of common proof Bodog Poker and common impact as well as questions of ascertainability and numerosity.

In addressing these questions, we combine our extensive knowledge of the complexities and unique characteristics of the healthcare markets (including pricing and payment complexity, patient heterogeneity, and provider-payor interactions) and our expertise with advanced empirical and statistical techniques.

Our recent experience includes:

  • Evaluating alleged harm resulting from changes in the healthcare benefits of a proposed class.
  • Analyzing charges to a proposed class of uninsured emergency room patients, allegedly in excess of the “reasonable value” of the services provided.
  • Assessing whether plaintiffs had provided a common methodology that could be used to measure damages for members of the proposed class of medical providers in the context of a false advertising matter.
  • Assessing ascertainability of the members of a proposed class and the alleged impact on patient cost sharing.

We are experienced with litigation related to big data including data privacy, data breach, algorithmic bias, competition, and intellectual property.

Featured Experts

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The Role of Economic Analyses in Consumer Class Actions Challenging Provider Pricing and Billing Practices

The authors discuss questions related to ascertainability, common proof, common impact, and harm mitigation.

Assessing Health Data Privacy Damages During A Pandemic

The authors discuss how increased telehealth and contact tracing could open the door to class actions related to data privacy and data breaches.

5 Questions with Ben Handel: The Use of Algorithms in Healthcare

We interview Professor Ben Handel of the University of California, Berkeley to gain his insights into the benefits, concerns of bias, and potential for the use of algorithms in healthcare.

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