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AWP Pricing Matters


Over the past 10 years, BRG experts have assisted a number of pharmaceutical manufacturers and their outside counsel with disputes related to allegedly fraudulent and inflated average wholesale prices for drugs in the so-called “AWP matters.” Our work has included analysis of well over 100 pharmaceutical products in matters such as federal investigations and inquiries (DOJ, HHS OIG, FTC, House Commerce Committee), consumer and third-party payer class action (including the consolidated Boston MDL), and numerous state attorneys general matters, each alleging that they were defrauded and overpaid for pharmaceuticals due to manufacturers’ allegedly fraudulent pricing practices. BRG professionals have provided services including:

  • Electronic data discovery related to historical corporate transactional data
  • Analysis of public, private, and historical company data
  • Development of liability analysis
  • Creation of economic damages models

Our professionals have designed efficient approaches to identify and gather transaction-level data from numerous relevant manufacturer computer systems (including legacy systems and systems from acquisitions that were in various states of use) and created data warehouses that we use both for efficient productions and to support our analysis. BRG’s deep knowledge of private and government drug-reimbursement methods coupled with expertise in manufacturer contracting and regulatory requirements has allowed us to efficiently develop models related to liability and damages in these matters. We have developed analysis to support settlement negotiations and for rebuttal of opposing expert models.

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