Major Legal Victory: $147 Million Antitrust Verdict for Innovative Health Against Johnson & Johnson

$147 Million Antitrust Verdict for Innovative Health

In a landmark legal decision, Berger Montague has successfully secured a staggering $147 million jury verdict for their client, Innovative Health, against Johnson & Johnson's medical technology division, Biosense Webster. This verdict follows nearly six years of intense legal battles aimed at addressing what the jury deemed anticompetitive practices by the defendant and marks a substantial win in the ongoing fight against inflated healthcare costs.

The jury's decision, handed down on May 22, 2025, is especially significant as it signals a turn in the lengthy legal saga that initially saw a district court grant summary judgment in favor of Biosense three years prior. However, buoyed by the expertise and tenacity of the Berger Montague legal team, the ruling was successfully appealed in the Ninth Circuit Court of Appeals. The appeals court ruled in a narrow 2-1 decision that sufficient factual disputes existed regarding Biosense’s practices, which allegedly tied the provision of clinical support services strictly to hospitals that purchased their proprietary catheters. This restriction placed hospitals using third-party suppliers like Innovative Health at a significant disadvantage.

Leading the charge for Berger Montague was shareholder Joshua P. Davis, who expressed pride in the relentless pursuit of justice. "This outcome is a monumental victory not just for our client but also for the broader fight against rising healthcare costs that continue to affect patients across the nation," he stated. This case is an exemplary showcase of legal determination, with Davis’s team of attorneys—comprising David Langer, Kyla Gibboney, Matthew Summers, Julie Pollock, Sue Leo, and Connor Rowe—devoting considerable efforts to overturn the initial unfavorable ruling.

The backdrop of this legal drama involved compelling narratives centered around critical cardiac treatment procedures. Innovative Health is distinguished for providing significant cost savings to hospitals on medical technologies used for treating common cardiac conditions such as irregular heartbeats—conditions that can lead to serious complications, including strokes and heart attacks. The firm’s ability to offer reprocessed sensor-enabled catheters has, therefore, positioned it as a crucial player in reducing the financial burden on hospitals and their patients alike.

As the legal battle progressed, testimonies unfolded over an exhausting eight days, culminating in a unanimous jury verdict delivered just two hours into deliberation. This rapid conclusion stands as a testament to the weight of the evidence supporting Innovative's claims against Biosense Webster, particularly regarding the latter's controversial policy instituted in April 2016. This policy systematically aimed to limit clinical support to hospitals that did not utilize their new catheters, thereby stifling competition in the market, especially after Innovative received FDA approval to reprocess those catheters during electrophysiology procedures.

The implications of this ruling extend beyond this single case. Berger Montague emphasized their longstanding commitment to tackling complex antitrust issues, particularly in a landscape often dominated by corporate giants. Firm chair Eric L. Cramer reiterated their dedication by stating, "This verdict showcases not only our capabilities in this challenging area of law but also our commitment to fight for fairness within the healthcare sector."

With antitrust damages set to be tripled and further costs and fees anticipated, the total judgment could reach nearly $500 million. This overwhelming verdict exemplifies the potential for legal challenges to reshape competitive practices in the medical technology arena and reinforces the vital role of plaintiffs’ attorneys in safeguarding market integrity.

As Berger Montague continues to make strides in this realm, the firm reaffirms its status as a trailblazer in complex civil litigation and consumer protection, having recovered over $50 billion on behalf of its clients and the classes they represent over its 50-year history. Headquartered in Philadelphia, the firm maintains a robust presence across the U.S. and remains deeply committed to advocating for clients embattled by unfair business practices. This victory is yet another chapter in their storied legacy of securing justice and upholding the principles of competition and fairness in the market.

For those interested in following the case proceedings and further developments regarding Innovative Health, LLC v. Biosense Webster, Inc., Berger Montague continues to provide updates and insights into this pivotal case impacting the landscape of healthcare technology.