Health care providers suing Blue Cross/Blue Shield for antitrust violations obtain ruling that strengthens their case

Health and fitness treatment vendors suing Blue Cross/Blue Protect for antitrust violations get ruling that strengthens their situation

Whatley Kallas convinces judge that much more favorable common ought to be made use of for significantly of the scenario

In an significant ruling, Federal District Courtroom Judge David Proctor resolved that Blue Cross/Blue Defend will have to be judged by a fewer stringent standard from 2008 to the starting of the COVID-19 pandemic in an antitrust case filed by wellbeing treatment providers.

“We are incredibly happy that the Court docket denied the Blues’ request to utilize the ‘rule of reason’ standard to the providers’ really sizeable ‘per se‘ earlier damages,” said co-direct counsel for the health treatment company plaintiffs, Edith Kallas of Whatley Kallas. “Our supplier plaintiffs have generally been geared up to litigate this scenario, underneath both equally the ‘rule of reason‘ normal and the ’per se’ common for historical damages, as delivered in today’s purchase. We glimpse forward to continuing to characterize the pursuits of health care vendors all through the region in remedying the Blues’ continuing anticompetitive perform.”

Below the “per se” rule, Blue Cross/Blue Protect will be needed to offer proof that it has not engaged in anticompetitive carry out. Below the “rule of reason” standard, the well being treatment providers have to exhibit proof that the insurance coverage giant violated antitrust requirements.

The judge’s ruling applies specifically to Segment 1 Market Allocation Conspiracy claims, which relate to when a enterprise – Blue Cross/Blue Defend in this case – results in a person unique organization to be the only 1 furnishing a superior or support in particular areas. The “rule of reason” common will be applied for the part of the declare soon after April 2021, when Blue Cross/Blue Defend achieved a $2.67 billion settlement with subscribers.

In a individual ruling, the Courtroom could not find that the well being care providers’ Blue Card “group boycott” promises were being ideal for “per se” treatment method.

About Whatley Kallas

The lawyers of Whatley Kallas, LLP have been consistently recognized in legal publications, by their friends and by leaders of organized medication for their do the job in the wellness care field. More data is accessible www.whatleykallas.com.

Health care providers suing Blue Cross/Blue Shield for antitrust violations obtain ruling that strengthens their case