Noelle Ruggiero

Noelle Ruggiero

Partner

about Noelle Ruggiero

Ms. Ruggiero is a Partner and Member of the Healthcare and Antitrust practice group, focusing on recovery litigation for pharmaceutical overcharge and fraud on behalf of major health insurers including Aetna, Blue Cross Blue Shield Association, Cigna, Elevance Health and Humana. Ms. Ruggiero also has experience prosecuting large-scale securities cases.

Notable Cases:

In Blue Cross Blue Shield Ass’n, et al. v. GlaxoSmithKline LLC, No. 13-4663-JS (E.D. Pa.), Ms. Ruggiero represented 39 health insurers (accounting for 60% of the U.S. market for non-governmental health insurance) in a RICO action seeking billions in damages against GlaxoSmithKline in connection with allegations that GSK sold adulterated drugs manufactured in its Cidra, Puerto Rico plant. Plaintiff health insurers commenced litigation after GSK’s parent company pled guilty to shipping adulterated drugs manufactured at Cidra, with intent to defraud and mislead, in violation of the FDCA and paid a $150 million criminal fine, as well as a $600 million settlement in a related civil whistleblower case. Ms. Ruggiero was part of the litigation team that obtained a favorable decision on summary judgment, as well as a substantial settlement for the health insurers on the eve of trial.

Ms. Ruggiero also regularly represents health insurers prosecuting “pay-for-delay” antitrust claims against pharmaceutical companies.  In re Xyrem (Sodium Oxybate) Antitrust Litig., No. 20-md-02966 (representing Humana, HCSC, Molina and BCBS FL); Aetna Inc. v. Jazz Pharmaceuticals, Inc. et al., 3:22-cv-010951 (Alam. Ct.) (concerning Xyrem);  In re Revlimid & Thalomid Purchaser Antitrust Litig., No. 19-cv-7532 (D. N.J.) (representing BCBS Association, BCBS FL, Cigna, Humana, HCSC and Molina); In re Aggrenox Antitrust Litig., 14-md-2516 (D. Conn) (representing Humana), In re Lidoderm Antitrust Litig., 14-md-2524 (N.D. Cal.) (representing Government Employees Health Association); In re Wellbutrin XL Antitrust Litig., 08-cv-2433 (E.D. Pa.) (representing Aetna and a class of third party payers and consumers).

Ms. Ruggiero was part of the litigation and trial team that represented Humana in an action concerning off-label marketing fraud in connection with Thalomid and Revlimid. Humana Inc. v. Celgene Corp., Civil Action No. 18-CI-00617 (Pike County, KY).

Ms. Ruggiero was also part of the Lowey Dannenberg team that recovered $219 million in the Madoff feeder-fund litigation related to investment losses sustained by unions and other investors in Bernard Madoff feeder funds.

At St. John’s, Ms. Ruggiero served as a senior staff member on the St. John’s Law Review.

 

Education:

B.B.A. University of Miami (2007), cum laude

J.D. St. John’s University School of Law (2010), cum laude

Bar/Court Admissions:

New York and in the U.S. District Court for the Southern District of New York.