Jury Awards Full Damages Amount Based on Dr. Eric Forister’s Calculation in Innovative Health v. Biosense Webster

In a landmark decision, a California federal jury awarded Innovative Health a $147 million verdict (pre-trebling) against Biosense Webster, a Johnson and Johnson subsidiary, for antitrust violations. Econ One’s economic expert, Dr. Eric Forister, provided expert analysis of market definition and market power, calculated damages, and testified twice at trial.

After less than two hours of deliberation, the jury delivered a unanimous verdict following a two-week trial that began on May 6 in Santa Ana, California. Innovative Health accused Biosense Webster of violating the Sherman Act by tying its clinical support services to its sensor-enabled catheters and maintaining its monopoly through anticompetitive measures.

Dr. Forister’s analysis was pivotal in (1) defining the separate markets for the products and services at issue, (2) demonstrating that Biosense Webster’s tying arrangements had foreclosed competition and harmed customers, and (3) calculating the damage Biosense Webster’s anticompetitive conduct caused to plaintiff Innovative Health. The jury awarded the exact $147,406,481 damage amount calculated by Dr. Forister.

This verdict underscores the critical role of expert economic analysis in antitrust cases and represents a significant win for Innovative Health.

The case is Innovative Health LLC v. Biosense Webster Inc., case number 8:19-cv-01984, in the U.S. District Court for the Central District of California.