Managing Principal Paul Greenberg and Vice President Tamar Sisitsky Publish on Big Data’s Impact on Health Care Litigation

August 14, 2014

In recent years, the use of big data and analytics has become more prevalent than ever before. In "Big Data Can Yield Big Insights on Promotional Practices" (Law360, August 14, 2014), Managing Principal Paul Greenberg and Vice President Tamar Sisitsky discuss how this general trend has impacted government investigations and private litigation with respect to allegations of improper promotional practices by manufacturers in the health care sector. The authors note that the greater accessibility of both larger quantities and wider varieties of health care data, together with expansive increases in ever-cheaper computing power, have led plaintiffs and defendants to increasingly rely on big data to make their case.

In the article, the authors contend that, "for pharmaceutical, biotechnology, and medical device manufacturers, the ubiquity of big data at the negotiating table and in the courtroom has not only increased the analytical complexity required to address familiar litigation questions, it has also raised the bar on the types of questions being asked. Appreciating the implications of this new era of big data for health care litigation requires an understanding of several characteristics of big data: (1) increased quantity of data; (2) proliferation of new types of data; and (3) potential benefits from combining seemingly unrelated data sets in new ways."

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