CRA Vice President Dr. Timothy Snail advised counsel for the US Department of Justice (DOJ) on economic issues relating to merits, causation and damages in a class action litigation. Plaintiffs, a multistate class of consumers, alleged that the Centers for Medicare and Medicaid Services’ (CMS) and its contractors’ handling of appeals of Medicare home health care claims denials were abnormally unsuccessful due to flaws in the claims review and appeals processes. Dr. Snail advised counsel on statistical sampling and inference, causation and the opposing expert’s damages methodology. The matter settled on terms favorable to the government. Dr. Snail was supported by a CRA team that included Ben Stearns, Adam Rohde and others.
New research on the use of conjoint surveys with market simulation analysis for damages estimation in consumer protection class action litigation
Market simulations that we have seen used in consumer protection class action litigation apply what is known as the static Nash Bertrand model of competition...

