Bracco Diagnostics, Inc. v. Amersham Health, Inc.
Following a 39-day bench trial during which academic affiliate Lee-Jen Wei of the Harvard School of Public Health delivered expert testimony, a U.S. district court found GE Healthcare (GEH) to have engaged in false and misleading advertising under the Lanham Act by disseminating superiority claims for its product Visipaque – an x-ray contrast medium administered during various diagnostic and interventional procedures. The U.S. District Court, District of New Jersey, permanently enjoined GEH from continuing to make its false and misleading superiority claims about Visipaque; ordered it to take a series of corrective actions, including issuing a press release, placing corrective ads and retraining its sales force; and ordered the company to pay Analysis Group client Bracco Diagnostics more than $11 million to cover the corrective advertising costs it incurred in response to GEH’s wrongful conduct.
Bracco Diagnostics’ lead counsel Donald L. Rhoads of Kramer, Levin, Naftalis & Frankel LLP retained Analysis Group to evaluate GEH’s clinical trial data associated with Visipaque and other low osmolar contrast media (LOCM). Managing Principal Pierre Cremieux, Vice President Nikita Piankov, and Associate Si-Tien Wang supported Dr. Wei in his biostatistical analyses, and in the preparation of his expert report and testimony.
In the Court’s opinion, Judge Freda L. Wolfson cited the effectiveness of Dr. Wei’s testimony, noting that he “cogently and significantly” exposed the flaws in GEH’s meta-analysis evidence, and that his statistical analysis of the clinical effectiveness of Visipaque versus other LOCM was “credible and persuasive.”