DAVID A. HYMAN H. Ross and Helen Workman Chair in Law Professor of Medicine Director, Epstein Program in Health Law & Policy University of Illinois 504 E. Pennsylvania Avenue Champaign, Illinois 61820 Phone: 217-333-0061 Fax: 217-244-1478 E-Mail: [email protected] General Web Page: https://www.law.illinois.edu/faculty/profile/DavidHyman Publications Web Page: https://www.law.illinois.edu/faculty/misc/dhyman.htm SSRN Page: http://ssrn.com/author=141378 (Resume as of 4/16) EMPLOYMENT 2004-date H. Ross and Helen Workman Chair in Law (2012-date) Richard W. and Marie L. Corman Professor of Law (2007-2012) Professor of Law (2004-2007) Professor of Medicine (2004-date) University of Illinois Courses taught: Civil Procedure, Health Care Regulation, Insurance, Medical Malpractice, Health Law, Law & Economics 2015 Visiting Professor Georgetown University School of Law (Fall Semester) Course taught: Civil Procedure 2001-2004 Special Counsel Federal Trade Commission Washington, D.C. Organized and led thirty days of hearings on health care and competition law and policy, culminating in the first joint report in the history of the Federal Trade Commission and Department of Justice, IMPROVING HEALTH CARE: A DOSE OF COMPETITION Janet D. Steiger Award to Health Care Hearings and Report Team “for exceptional hard work, talent, and dedication in completing the FTC’s hearings and report on health care and competition law and policy” 2000-2001 Visiting Professor George Washington University School of Law Courses taught: Civil Procedure, Health Care Regulation, Insurance, Professional Responsibility 1999 Visiting Professor University of Texas School of Law (Fall Semester) Courses taught: Civil Procedure, Health Care Regulation Dean’s Commendation for Excellence in Teaching 1994 - 2004 Professor University of Maryland School of Law Courses taught include: Civil Procedure I & II; Health Law; Health Care Regulation; Insurance Law; Law & Economics; Tax Policy Associate Professor, 1994-1999 (tenured, 1998) 1989 - 1994 Associate Mayer, Brown & Platt Chicago, Illinois Tax Litigation and Health Care Law (Special Counsel 1994-2001) 1989 Public Interest Law Initiative Fellow Illinois Guardianship and Advocacy Commission Chicago, Illinois 1987 and 1988 Summer Associate Mayer, Brown & Platt Chicago, Illinois 1987-1991 Lecturer University of Chicago Chicago, Illinois Designed and Taught Biology 168/158 (Biomedicine) and Biology 284/NCD 284 (Science and the State) 1987 Teaching Assistant University of Chicago Chicago, Illinois Teaching Assistant for Biology 214 (Biomedical Ethics) 1981-1984 Research Associate University of Chicago Chicago, Illinois Department of Molecular Genetics and Cell Biology 2 EDUCATION 1991 Pritzker School of Medicine University of Chicago M.D. 1989 University of Chicago School of Law J.D. with Honors 1983 University of Chicago B.A. in Biology with General and Divisional Honors PUBLICATIONS Law/Medical Ethics Books/Edited Journal Theme Issues 1. EXPENSIVE BY DESIGN: WHY AMERICAN HEALTH CARE COSTS TOO MUCH AND DELIVERS TOO LITTLE (with Charles Silver) (forthcoming, 2016) 2. MISDIAGNOSIS, MISTREATMENT, AND PROGNOSIS: A PROFILE OF MEDICAL MALPRACTICE LITIGATION AND TORT REFORM (with Bernard Black, Myungho Paik, William Sage and Charles Silver) (forthcoming, 2016) 3. ECONOMICS OF HEALTH LAW (ECONOMIC APPROACHES TO LAW SERIES), ELGAR PUBLISHING (with Charles Silver and Ronen Avraham) (2016) 4. LAW AND THE HEALTH SYSTEM, Foundation Press (with Larry Gostin, Peter Jacobson & David Studdert) (2014) 5. HEALTH CARE LAW AND POLICY: READINGS, NOTES, AND QUESTIONS, Foundation Press (2007 supplement) (with Clark C. Havighurst & James F. Blumstein) 6. MEDICARE MEETS MEPHISTOPHELES (Cato Institute, 2006) Selected by the U.S. Chamber of Commerce/National Chamber Foundation as one of the top ten books of 2007, http://www.uschamber.com/ncf/booklist2007.htm. Reviewed in a. 106 MICHIGAN L. REV. 1001 (2008) (Professor Jill Horwitz) (“The Virtues of Medicare”) b. 26 HEALTH AFFAIRS 1194-1195 (2007) (Professor William Sage) (“The Devil in Mr. Johnson”) c. 356 NEW ENGL. J. MED. 314-315 (2007) (Professor Peter Jacobson), available at http://content.nejm.org/cgi/content/full/356/3/314?ijkey=9lIL4fv.a7WPA&keytype=ref& siteid=nejm. 3 d. Health Care News (February, 2007) (Mike Van Winkle), available at http://www.heartland.org/Article.cfm?artId=20501. e. 34 J. L. MED. ETHICS 821-823 (2006) (Professor Robin Wilson) (“Medicare: Where is the Common Sense?”), available at http://ssrn.com/abstract=959626. 7. Co-Editor, A DOSE OF COMPETITION? (Special theme issue of J. HEALTH, POLITICS, POL’Y & L. with thirteen articles by scholars commenting on the FTC/DOJ report, IMPROVING HEALTH CARE: A DOSE OF COMPETITION (June, 2006), available at http://jhppl.dukejournals.org/content/vol31/issue3/. 8. Principal author and project leader, IMPROVING HEALTH CARE: A DOSE OF COMPETITION, A REPORT BY THE FEDERAL TRADE COMMISSION AND DEPARTMENT OF JUSTICE (2004), published commercially as IMPROVING HEALTH CARE: A DOSE OF COMPETITION 10 Developments in Health Economics and Public Policy (Springer, 2005) (with a new introductory essay and supplementary materials, edited by David A. Hyman). Articles/Book Chapters Works in Progress 1. Going Native: Can Consumers Recognize Native Advertising and Do They Care? (with David Franklyn) 2. Search Bias and the Limits of Antitrust Revisited: Dominance and Its Discontents (with David Franklyn) 3. Antitrust as Disruptive Innovation in Health Care (with William M. Sage) 4. Government as Health Care Payer, Regulator, and Antitrust Enforcer: You’re Never Alone When You’re Schizophrenic (with William M. Sage) 5. Medical Malpractice and Physician Discipline: The Good, The Bad and The Ugly (with Mohammad Rahmati and Bernard Black) Completed works 6. Regulatory Leveraging: Problem or Solution? Geo. Mason L. Rev. (forthcoming, 2016) (with William Kovacic) 7. Damage Caps and the Labor Supply of Physicians: Evidence from the Third Reform Wave (with Myungho Paik and Bernard Black), available at http://ssrn.com/abstract=2470370. 8. Medical Malpractice Litigation and the Market for Plaintiff-Side Representation: Evidence From Illinois (with Mohammad Rahmati, Bernard Black & Charles Silver), available at http://ssrn.com/abstract=2465098. 9. Case Screening and Defendant Selection in Medical Malpractice Litigation: Evidence from Illinois (with Mohammad Rahmati, Bernard Black & Charles Silver), available at http://papers.ssrn.com/abstract=2465092. 4 10. Damage Caps and Defensive Medicine, Revisited (with Bernard Black & Myungho Pak), available at http://ssrn.com/abstract=2110656. 11. Insurance Crisis, Liability Crisis, or Both: Medical Malpractice Claiming in Illinois, 1980- 2010 J. EMPIRICAL LEG. STUD. (forthcoming, 2016) (with Mohammad Rahmati, Bernard Black & Charles Silver), available at http://ssrn.com/abstract=2462942 (peer reviewed). 12. Non-Profit and For-Profit Enterprise: Birds of a Feather? in COMPETITION AND CONSUMER PROTECTION IN HIGHER EDUCATION (forthcoming, 2016). 13. It Was on Fire When I Lay Down on It: Why Med Mal Crises Require Healthcare Solutions, in OXFORD HANDBOOK OF AMERICAN HEALTH LAW (with Charles Silver) (forthcoming, 2015). 14. Consume or Invest: What Do/Should Agency Leaders Maximize? 91 Wash. L. Rev. 295-324 (2016) (with William Kovacic), available at http://ssrn.com/abstract=2705919. 15. Can’t Anyone Here Play This Game? Judging the FTC’s Critics, 83 GEO. WASH. L. REV. 1948-1978 (2015) (with William Kovacic), available at http://ssrn.com/abstract=2705931. 16. Policy Limits, Payouts and Blood Money: Med Mal Settlements in the Shadow of Insurance, 5 U.C. IRVINE L. REV. 559-586 (2015) (with Charles Silver, Bernard Black & Myungho Paik). 17. Search Bias and the Limits of Antitrust: An Empirical Perspective on Remedies, 55 JURIMETRICS 339-380 (2015) (with David Franklyn), available at http://ssrn.com/abstract=2260942 (peer reviewed). 18. EMTALA: What Every Doctor Should Know About the Patient Anti-Dumping Law, 147 CHEST 1691-1696 (2015) (with David Studdert) (peer reviewed). 19. The Economics of Plaintiff-Side Personal Injury Practice, 2015 U. ILLINOIS L. REV. 1563- 1603 (with Bernard Black & Charles Silver), available at http://ssrn.com/abstract=1441487 20. What Can PPACA Teach Us About Behavioral Law & Economics? In BEHAVIORAL ECONOMICS, LAW & HEALTH POLICY, Johns Hopkins University Press (forthcoming, 2016) (with Tom Ulen). 21. Does Tort Reform Affect Physician Supply? Evidence From Texas, 42 INT’L REV. L. & ECON. 203-218 (2015) (with Charles Silver, Bernard Black & Myungho Paik), available at http://ssrn.com/abstract=2047433 (peer reviewed). 22. If Professions Are Just “Cartels By Another Name,” What Should We Do About It? 163 PENN LAW REVIEW ONLINE 101 (2014) (with Shirley Svorny), available at http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1137&context=penn_law_revie w_online and http://ssrn.com/abstract=2512488. 5 23. Constitutional Prognostication: Does Anyone Know Anything? 2014 U. ILL. L. REV. 1279- 1292 (response to comments by Professors Blackman, Blumstein, Koppelman, Mazzone and Ramseyer), available at http://papers.ssrn.com/abstract=2392042. 24. Why Who Does What Matters: Governmental Design and Agency Performance, 82 GEO. WASH. L. REV. 1446-1516 (2014) (with William Kovacic), available at http://ssrn.com/abstract=2319466. 25. Trademarks as Search Engine Keywords: Who, What, When? 92 TEXAS L. REV. 2117-2150 (2014) (with David Franklyn), available at http://ssrn.com/abstract=2426888. Named “one of the best law