Edward Rickert

Nimbly engaging health care regulators, business-focused solutions

Edward Rickert is a pharmacist and attorney who represents health care providers and drug and medical device manufacturers. With deep knowledge of the pharmacy and health care industries, Ed advises in three key areas:

• Health care regulatory compliance
• Health care litigation
• Controlled Substances Act (CSA) and Drug Enforcement Administration (DEA) compliance

Clients appreciate that with Ed there is no learning curve. He understands not only the evolving legal and regulatory landscape facing health care entities and professionals, but their operations, business models and the rapid changes in the industry owing to technology and other dynamics. They also like his practical, business-focused legal advice, his responsive, collaborative approach and his ability to engage regulators — often avoiding the formal, adversarial processes that cost time and money.

Admitted in Illinois. Not admitted in Florida.

• Representing health care providers in trial and appellate courts and before federal and state administrative agencies across the country on licensure, regulatory and business issues. Providers include pharmacies, pharmacists, physicians, hospitals, long-term care providers and other health care providers.
• Representing drug and medical device manufacturers in both civil and regulatory matters.
• Assisting pharmacy wholesalers, pharmacies and other entities in fulfilling their obligations under the CSA and DEA implementing regulations, including advising on all aspects of compliance with CSA and DEA regulations, assisting clients with seeking procurement quotas from the DEA, petitioning the DEA for rulemaking or comment on proposed rules and representing clients in administrative and civil litigation matters brought under the CSA.
• Advising clients on legislation and regulatory rulemaking at the state level.
• Advising on regulatory compliance for telepharmacy operations.
• Advising on Food and Drug Administration (FDA) regulatory compliance.

• Obtained binding settlement on behalf of multiple industry associations of more than $60 million — plus significant prospective monetary relief and a significant portion of the plaintiffs’ legal fees — from the state of Washington to reimburse all pharmacies in the state for years of underpayment by the state Medicaid agency.
• Lead counsel in trial court and Illinois Appellate Court case involving the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA). Obtained dismissal of state’s petition to enforce subpoenas seeking incident reports of medication errors involving several pharmacists, by successfully arguing that the reports were privileged patient-safety work product transmitted to a component patient safety organization (PSO) and were therefore fully protected and privileged under federal law. Affirmed on appeal.
• Assisted a client in connection with the National Prescription Opiate Multidistrict Litigation, including assessing risk and developing strategies, responding to subpoenas and civil investigation demands served by various state attorneys general, and reviewing and analyzing pharmacy dispensing and distribution records.
• Assisted specialty pharmacy with the development of a compliance program focusing on FWA, HIPAA and state regulatory issues.