The authors discuss questions related to ascertainability, common proof, common impact, and harm mitigation.
Consumer class actions that challenge provider pricing and billing practices are common in the healthcare industry. These cases are typically initiated by a group of patients who claim to have been harmed similarly by the pricing or billing practices of their healthcare providers. These class action cases raise several questions with regard to ascertainability, common proof, common impact, and harm mitigation.
In this article, authors Omur Celmanbet, Rezwan Haque, and Maria Salgado of Cornerstone Research discuss the role of economic analyses in addressing these questions, including the need for determining the appropriate but-for world and how the complexities and unique characteristics of healthcare markets (such as heterogeneity in patient preferences and decision-making processes) can inform economic analyses.
This article was originally published in The Health Lawyer by the American Bar Association’s Health Law Section in October 2023.