Dr. Bowblis provides testifying and non-testifying expert consulting services. 

 

Since 2007, Dr. Bowblis has worked with law firms and corporations to support clients as they address complex business litigation and regulatory matters by providing economics and econometric analysis. These matters include antitrust and competition, regulatory compliance, fraudulent medical billing and coding, and economic damage calculations.

 

Select examples of work Dr. Bowblis has performed for clients include:

 

• Developing econometric analyses to assess liability and damages related to overbilling and upcoding for national health insurance companies

• Evaluating whether a firm fraudulently reported information to the federal government

• Conducting an analysis of demand for long-term care services

• Calculating the cost of providing care to patients

• Aiding as an industry and consulting expert in a price fixing investigation

• Evaluating regulatory compliance and standard of care in the nursing home industry

• Testifying as an expert witness on publicly reported quality measures and nursing home data (e.g. Nursing Home Compare, Cost Reports, and Minimum Data Set)

• Testifying on the financial condition, valuation, and corporate structure of a skilled nursing facility

• Testifying as an expert witness in tying and exclusive dealing antitrust matters

  

This work has and continues to be conducted in a range of industries, including:

• Health Care Industry

  • Assisted living facilities

  • Emergency room care

  • Hospital inpatient care

  • Hospice care

  • Outpatient surgery centers

  • Pharmaceuticals

  • Skilled nursing facilities and nursing homes

 

• Other Industries

  • Airlines

  • Basic food products

  • Investment banking

  • Motorsports

  • Specialty vehicles

  • Tobacco

 

Select Examples:

• Querubin v. Alexandria Care Center, LLC, et al.

  • Mr. Querubin was a nursing home resident at Alexandria Care Center. The Plaintiffs claim that Alexandria Care Center negligently provided Mr. Querubin with food that caused him to aspirate and die. In their complaint, the Plaintiffs allege Alexandria Care Center and other Defendants “knowingly and deliberately understaffed and underfunded the facility to the detriment of its residents….to maximize profits.” Dr. Bowblis was retained by the Defendants’ counsel to testify at conduct an analysis of the Plaintiff's allegations and to testify at trial in Los Angeles County Superior Court. After a 7 week jury trial, the jury found in favor of the Defendants on all counts (12-0).​

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• City and County of San Francisco vs. Melvin Lee, et al.​

  • The City and County of San Francisco brought suit against owners of The Avenue, an assisted living, for breach of contract to provide a total of 25 below market rate units to low-income seniors. Dr. Bowblis was retained by Defendants' counsel as an expert witness to provide background on the assisted living marketplace, and to evaluate the operations and demand for assisted living care at The Avenue. After a bench trial in August of 2022, San Francisco Superior Court Judge Curtis E.A. Karnow ruled in favor of the Defendants on the claims that they failed to provide affordable housing to seniors. 

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• Carrie Johnson, et al. vs. BLC Lexington SNF, LLC dba Brookdale Richmond Place SNF (KY), et al.​

  • The class action was brought against the nursing home for allegedly misrepresenting information sent to the federal government with the intent to "inflate" the nursing home's publicly reported Five-Star Quality Ratings. Dr. Bowblis was retained by the Defendants' counsel to provide economic consulting and expert witness testimony.  Dr. Bowblis provided an expert report and deposition testimony on the material variation across proposed class members. The U.S. District Court the Eastern District of Kentucky found "that Court would have to determine whether each class member relied upon the star ratings in choosing to obtain care at BLC Lexington and what the star ratings and staffing levels where each time a proposed class member decided to seek care at the facility." The Court dismissed all class-specific fraud allegations. 

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• Collins Inkjet Corporation v. Eastman Kodak Company

  • In a rare antitrust case to go to trial, Dr. Bowblis was retained by Plaintiff's counsel to provide expert testimony on market definition, market power, and potential antitrust injury in the aftermarket for Versamark printing systems. Dr. Bowblis also provide testimony as to the irreparable harm Collins Inkjet would suffer if a preliminary junction was not granted. After a bench trial, the U.S. District Court for the Southern District of Ohio issued the preliminary injunction. The appellate court affirmed the lower court's decision. 

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More detail on this and other consulting services are available upon request.