McDermott Obtains Summary Judgment on Behalf of Biomed Pharmaceuticals


NEW YORK (February 21, 2017) — International law firm McDermott Will & Emery achieved a complete victory on behalf of Firm client Biomed Pharmaceuticals, Inc. (“Biomed”), obtaining summary judgment on all claims brought against it by Oxford Health Plans (NY), Inc. and United Healthcare Services, Inc. (collectively, “Oxford”).

In August 2012, Oxford filed a complaint alleging that Biomed had fraudulently misrepresented billed charges and tortiously interfered with Oxford’s contracts with its patients by waiving those patients’ deductible and coinsurance obligations without obtaining evidence of financial hardship. After discovery concluded in 2016, the parties cross-moved for summary judgment. In support of its motion, McDermott argued that the evidence demonstrated that Biomed did not make any misrepresentations to Oxford about patients’ financial hardship, financial hardship waivers are permitted, Oxford failed to demonstrate that Biomed had a general practice of waiver, Oxford did not rely on Biomed’s bills when determining how much to reimburse each claim, and there was no evidence that, had Biomed not waived patients’ financial obligations, patients would have sought care from other providers.

The Court accepted each of McDermott’s arguments and granted Biomed summary judgement on February 16, 2017.

The McDermott team consisted of a cross-office group of litigators including New York partner, Andrew B. Kratenstein; Miami partners Marcos D. Jimenéz and Justin B. Uhlemann; and New York associate Allison E. Fleischer.

The case was Oxford Health Plans (NY), Inc. and United Healthcare Services, Inc. v. Biomed Pharmaceuticals, Inc. in the New York State Supreme Court, Suffolk County.

A Propos De Nous

McDermott Will & Emery is a premier international law firm with a diversified business practice. Numbering more than 1,000 lawyers, we have offices in Boston, Brussels, Chicago, Dallas, Düsseldorf, Frankfurt, Houston, London, Los Angeles, Miami, Milan, Munich, New York, Orange County, Paris, Rome, Seoul, Silicon Valley and Washington, DC. Further extending our reach into Asia, we have a strategic alliance with MWE China Law Offices in Shanghai.

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