Bradley A. Wasser practices in the area of litigation with a focus on private antitrust and business counseling and government advocacy. Mr. Wasser has experience with providing a wide range of legal, regulatory and business advice for national associations of health care providers, individual health care providers and pharmacies, beer wholesalers, retailers, and high technology firms.
Mr. Wasser is a member of Duane Morris' Pharmacy Litigation Group. He represents healthcare providers, including pharmacies, in disputes with insurance companies and pharmacy benefit managers ranging from audits, to network participation rights, to termination of providers from insurance and pharmacy benefit manager networks.
Mr. Wasser's pharmacy experience includes representing multiple retail, mail and specialty pharmacies in negotiating agreements with pharmacy benefit managers for dramatically-improved reimbursement rates for branded and generic drugs, resulting in millions of dollars in additional reimbursement. He has also assisted numerous pharmacies in obtaining network status after being denied and successfully represented pharmacies in overturning decisions by pharmacy benefit managers to terminate them from their networks. He has also represented numerous pharmacies in connection with responding to audits and has successfully challenged audit results. In addition, he has defended numerous pharmacies in connection with investigations by state boards of pharmacy, Attorney General Offices, United States Attorney's Offices and multiple other state and federal government agencies. Mr. Wasser also frequently consults with state and federal legislators in the drafting and proposing of legislation to reign in abuses by pharmacy benefit managers and improve protections afforded to pharmacies.
Mr. Wasser is a 2010 cum laude graduate of the University of Baltimore School of Law and a graduate of the University of Delaware.
Areas of Practice
Filed an amicus brief on behalf of the National Association of Specialty Pharmacy (NASP) in the United States Supreme Court concerning Rutledge v. the Pharmaceutical Care Management Association (PCMA), arguing that federal law does not preempt states from overseeing pharmacy benefit manager (PBM) practices and regulating reimbursement, and that stripping the states of this regulatory power leaves pharmacies without remedy and threatens critical care to the most vulnerable patients.
- Represented regional specialty compounding pharmacy in navigating and appropriately responding to multiple state boards of pharmacy investigations.
- Representing state pharmacy cooperative in Federal Trade Commission investigation.
- On behalf of a specialty pharmacy, successfully overturned claims rejections for a high-dollar specialty medication allowing the pharmacy to immediately service the affected patients.
- Obtained favorable outcome for pharmacy benefit manager client in dispute with state licensing facility concerning its application bid for a third party administrator license.
- Obtained favorable outcome for multiple pharmacy clients in their applications for mail order network service rights with national pharmacy benefit manager.
- Consulted with state attorneys general offices contemplating investigations of pharmacy benefit managers engaging in below-cost reimbursement to independent pharmacies.
- Successfully overturned notices of termination by pharmacy benefit managers based on common ownership.
- Representing a specialty pharmacy in eliminating Generic Effective Rate claw-backs from its agreement with the largest national Pharmacy Benefit Manager.
- Represented a national pharmacy in a dispute with a large diabetes test strips manufacturer over allegations regarding the propriety of test strips purchased and dispensed by the pharmacy.
- Represented one of the world’s leading computer manufacturers in Federal Trade Commission Investigation.
- Represented pharmacy in dispute with drug manufacturers over alleged outstanding receivables.
- Represented a pharmacy in defense of DEAs allegation regarding the improper dispensing of schedule II controlled substance drugs.
- Successfully reinstated pharmacies’ mail delivery privileges with pharmacy benefit manager after receipt of cease and desist letters based upon ambiguities in the pharmacy benefit manager’s contract.
- Represented large trade association as amicus curiae participant in Tunney Act challenge to major merger in the beer industry.
- Represented independent pharmacies in successfully overturning decisions by Pharmacy Benefit Managers to exclude the pharmacies from insurance networks.
- Represented independent pharmacies in successfully overturning decisions by Pharmacy Benefit Managers to suspend or terminate the pharmacies from insurance networks.
- Represented an international chain of specialty pharmacies in opposing the merger between CVS and Aetna, which stands to affect tens of millions of people. Filed an amicus curiae brief arguing that the increasing consolidation of the healthcare industry will lead to higher prices, reduced access, and less choice for consumers and patients for pharmacy services, and successfully secured live witness testimony in a public hearing.
- Represented independent pharmacies in appeals of Pharmacy Benefit Manager audits, successfully preventing the recoupments of millions of dollars from the pharmacies.
- Represented prominent radiologist in successful re-credentialing with two of the largest nation-wide health insurance companies.
- Represented a national oncology pharmacy in negotiating a Pharmacy Benefit Management agreement, which resulted in reimbursement from 19.9% to 16%, representing a savings of millions of dollars annually.
- Represented a large independent pharmacy in successfully overturning their termination by a Pharmacy Benefit Manager that was based upon allegations of improperly dispensing controlled substances.
- Representing Honduran client in seeking return of child to home country pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.
- Represented client in immigration naturalization process.
- Representing client seeking legal immigration status pursuant to the Violence Against Women Act.
- Represented El Salvadorian seeking refugee status in the United States under the Central American Minor Parole Program.
- U.S. District Court for the Eastern District of Pennsylvania
- Supreme Court of the United States
- University of Baltimore School of Law, J.D., cum laude, 2010
- University of Delaware, B.A., 2003
- Duane Morris LLP
- Special Counsel, 2022-present
- Associate, 2017-2022
- Law Offices of David Balto
- Associate, 2010-2017
- American Bar Association
- Section of Antitrust Law
- Section of Health Law
- Pennsylvania Bar Association
Honors and Awards
- Named to Best Lawyers "Ones to Watch," 2021-2023
- Co-author, "The Legal Corner," The Advocate Newsletter, April 2022
- Co-author, "PBMs Keep ERISA Preemption Fight Alive," Duane Morris Alert, May 18, 2021
- Co-author, "U.S. Supreme Court Hands Down Loss to Pharmacy Benefit Managers," Duane Morris Alert, December 10, 2020
- Co-author, "PBMs Must Say Goodbye to Manufacturer Rebates," Duane Morris Alert, December 7, 2020
- Co-author, "U.S. Pharmacists and Pharmacies Authorized to Order and Administer COVID-19 Diagnostic Tests," Duane Morris Alert, May 27, 2020
Co-author, "Pennsylvania House to Vote on Pharmacy Benefit Manager Transparency Bills," Duane Morris Alert, June 13, 2019
Co-author, "CMS Final Rule Fails to Implement DIR Fee Reform," Duane Morris Alert, May 20, 2019
Co-author, "States Continue to Review Proposals to Rein in Pharmacy Benefit Managers," Duane Morris Alert, April 24, 2019
Author, "Affidavit: Healthcare and the Law - A Prescription for a Changing Healthcare System," Wharton Healthcare Quarterly, January 2019
Co-author, "Supreme Court Holds That Contract Dictates Whether Cases Go to Arbitration," Duane Morris Alert, January 9, 2019
Co-author, "HHS Secretary Suggests Listing Drug Prices in TV Ads Will Curb Consumer Costs," Duane Morris Alert, October 16, 2018
Co-author, "Ohio Cuts PBM Contracts Over Claims They Are Costing Ohioans Millions of Dollars," Duane Morris Alert, August 17, 2018
Co-author, "SEC Begins to Knock Down Wall of Secrecy Between PBMs and Drug Manufacturers," Temple 10-Q, February 1, 2018
Co-author, "SEC Begins to Knock Down Wall of Secrecy Between PBMs and Drug Manufacturers," Duane Morris Alert, December 11, 2017
Co-author, "North Dakota Judge Denies Preliminary Injunction to PBMs," Duane Morris Alert, November 20, 2017
- Co-author, "Pharmacy Fights Back Against PBM Termination Notice," America's Pharmacist, November 2017
Selected Speaking Engagements
Speaker, “PBM Audits Gone Awry: Avoid Adverse Results by Successfully Preparing for and Responding to Audits,” National Association of Specialty Pharmacy, Specialty Pharmacy Law Conference, September 19, 2022
Speaker, “Recent Legal Developments Impacting Pharmacies and Pharmacy Benefit Managers,” American Society for Pharmacy Law, November 7, 2021
- Speaker, “Covid-19: Lessons Learned,” National Association of Specialty Pharmacy Annual Conference, Legal Day, September 14, 2020
- Presenter, "The State of State PBM Reform," American Society for Pharmacy Law, Webinar, March 4, 2020
Speaker, "Compounding Pharmacies and the Next 12 Months," National Association of Specialty Pharmacy Annual Conference, Legal Day, September 12, 2019
Speaker, "Changes Impacting the Pharmacy World: Audits," National Association of Specialty Pharmacy Annual Conference, Legal Day, September 12, 2019
Speaker, "Pharmacy Issues on the PBMs Radar: What Pharmacies Can Do About PBM Contract Terminations," American Society for Pharmacy Law Fall Meeting, November 1, 2018
Speaker, "The Renewed Relevance of Antitrust: How Consolidation in Both Tiers is Making Antitrust Law Relevant to Distribution Again," 23rd Annual Wine, Beer & Spirit Law Conference, October 4, 2018
Speaker, "Managing Regulatory Relationships," National Association of Specialty Pharmacy Annual Conference, Legal Day, September 24, 2018
- "How to Manage Pharmacy Benefit Managers: Benchmarking Strategies to Maximize Pharmacy Contracting Success," Food Marketing Institute Health and Wellness Conference, San Antonio, Texas, May 31, 2013