In re HIV Antitrust Litigation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IN RE HIV ANTITRUST LITIGATION. Case No. 19-cv-02573-EMC
ORDER GRANTING PLAINTIFFS’
MOTION TO EXCLUDE TESTIMONY
AND EVIDENCE OF POTENTIAL
MEDICARE PART D OFFSETS Docket No. 1840
12 13 Currently pending before the Court is Plaintiffs’ motion to exclude in which Plaintiffs seek to limit testimony from Defendants’ damages expert Dr. Jena. Dr. Jena filed a supplemental report on May 11, /2023. This was in response to an updated report being provided by Plaintiffs’ damages expert D. Frank. (The Court allowed an updated report which broke down damages by state. See Docket No. 1766-3 (Updated Frank Rpt.).) In his supplemental report, Dr. Jena opines, in relevant part, that
Dr. Frank’s updated damages calculations still fail to account for the portion of at-issue Medicare Part D prescriptions paid by the government to the EPP class [i.e., the government payments should be…