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Marina Plotkin

Member

mplotkin@harrisbeachmurtha.com
D: (212) 313-5409  
- New York, NY Office
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Marina Plotkin
Profile
Representative Matters
Resources
Distinctions

Marina is a pharmacist attorney on the Medical and Life Sciences Practice Group. She leads our Pharmacy Law team, and, with years of experience as a supervising pharmacist, has unique insight for the defense of pharmacies and pharmacists. She also counsels pharmacy clients on DEA, FDA, Medicare, Medicaid, and Board of Pharmacy matters.

Marina conducts internal pharmacy investigations for a national pharmacy chain in connection with opioid stewardship and proper interception of pain management prescribing practices. She represents pharmacy clients in healthcare fraud investigations on state and federal level, and conducts compliance assessments related to prior authorization assistance, effectiveness of compliance programs, and handling of third-party payor claims.

Marina provides audit assistance to community pharmacies audited by Pharmacy Benefit Managers, assisting with document preparation, discrepancy analysis, and appeal submission. She also represents pharmacies audited by the New York State Office of Medicaid Inspector General (OMIG). She offers Fraud, Waste and Abuse compliance development. She is involved with the American Society for Pharmacy Law, having presented to a national audience on the Prescription Drug Monitoring Program. She has also presented on the topic of pharmacist corresponding responsibility to identify and resolve red flags in filling controlled substance prescriptions.

Another major focus for Marina is the defense of product liability litigation involving pharmaceuticals, compounded preparations, medical devices and biologics, utilizing the combination of science and legal credentials to provide strategic insight on complex issues. She also defends medical malpractice, pharmacy malpractice, toxic mold, lead exposure and general liability cases.

Her experience includes all stages of discovery in state and federal courts, motion practice, oral argument and strategizing litigation plans based on comprehensive medical research and analysis. Marina has worked with experts in neurosurgery, orthopedics, neuro-intervention, regulatory affairs, radiology and bioengineering. She has assisted in commercial litigation involving agreements governing clinical trial manufacturing and pharmacy business divorces. Marina was a member of the national coordinating counsel for New England Compounding Pharmacy in the fungal contamination mass tort, as well as national counsel for several medical device companies involved in mass tort litigation arising out of the use of a pain pump following arthroscopic surgery. Marina has experience advising clients on life science-related intellectual property rights.

Marina also has extensive experience defending long-term care providers, including independent living facilities, adult care facilities/assisted living, and nursing homes, involving allegations such as medication errors, elopement, abuse and neglect, and inadequate supervision.

  • Guide pharmacies through audits, including those by the New York State Office of the Medicaid Inspector General (NYS OMIG) and pharmacy benefit managers (OptumRx, CVS Caremark, Express Scripts, Envision Rx/Elixir, Humana, MedImpact).
  • Provide pharmacy audit assistance, appeals, corrective action plans, network termination reconsideration requests, re-installment requests.
  • Defended a compounding pharmacy and its supervising pharmacist in a medication error malpractice lawsuit.
  • Represented a closed-door pharmacy serving assisted living and adult group homes in a malpractice suit involving sound-alike medications dispensed in a blister pack (metolazone and methotrexate).
  • Conduct analysis of medication administration records for assisted living clients facing litigation over alleged medication errors, identifying key issues and developing defense strategies.
  • Assist pharmacies in resolving Board of Pharmacy matters, including disputing inspection findings, contesting violations and challenging fines.
  • Represented pharmacies in government investigations, such as responding to Department of Justice (DOJ) subpoenas related to prior authorization practices, and Drug Enforcement Agency (DEA) inspections
  • Represented a pharmacy in responding to a subpoena issued in the IN RE OPIOID LITIGATION.
  • Assist pharmacies with contracting to obtain Medicare and Medicaid provider status, revalidation applications, change in ownership applications.
Insights
July 24, 2026

Appellate Court Revives Acetaminophen-Autism Cases Without Deciding the Merits of Plaintiffs’ Causation Theory

The ruling expands litigation exposure and creates incentives for en banc rehearing and/or a petition for certiorari to the Supreme Court.
June 22, 2026

New Jersey Supreme Court Reinforces Expert Gatekeeping 

The decision offers a valuable blueprint for defense attorneys facing expert testimony in New Jersey product liability cases.
March 10, 2026

SCOTUS to Hear Case Regarding Induced Infringement in “Skinny Label” Case

Both brand name and generic drug companies may want to take another look at how they communicate about their products.
March 9, 2026

Federal Investigation Puts NY Medicaid Providers Under Spotlight Amid Fraud Allegations

CMS is zeroing in on Personal Care, Home Care, Medical Transportation and related services.
March 3, 2026

Fifth Circuit Limits DEA Use of Red Flags in Pharmacist Liability

The ruling is likely to spur discussion about the intersection of federal and state standards and shape pharmacists’ responsibilities.
January 12, 2026

FDA on PFAS in Cosmetic Products: Everything You Need to Know

The FDA concludes it does not have enough toxicological data to make a safety determination.
March 24, 2025

GLP-1 Weight-Loss Drugs Off Shortage List; Deadlines to Stop Compounding

These branded pharmaceuticals are so popular and in demand that pharmaceutical manufacturers could not keep up with production.
November 21, 2024

New York Adopts PBM Rules to Protect Consumers, Independent Pharmacies

The New York State Department of Financial Services (DFS) recently announced it has adopted Pharmacy Benefit Manager Market Conduct
News
January 6, 2026

Harris Beach Murtha Attorneys’ Legal Alert Among JD Supra’s Most Read

The alert warned compounding pharmacies that certain weight-loss drugs were no longer on the FDA’s shortage list.
October 30, 2025

29 Harris Beach Murtha Attorneys Selected to 2025 New York Metro Super Lawyers and Super Lawyers: Rising Stars Lists

Super Lawyers is a nationally recognized professional survey and ranking service of accomplished attorneys.
November 25, 2024

Harris Beach Pharmacist Attorney Quoted in New York Law Journal Story on New PBM Rules

New York Law Journal recently consulted Marina Plotkin, Harris Beach Partner and pharmacist attorney on the firm’s Medical and Life Sciences
October 24, 2024

23 Harris Beach Attorneys Named in 2024 New York Metro Super Lawyers Edition

Harris Beach PLLC is pleased to announce that 23 of its attorneys have been named to the 2024 New York Metro Super Lawyers list. Attorneys
February 20, 2024

Harris Beach Attorney Comments on Prescription Red Flags in Law360 Article

Pharmacist attorney Marina Plotkin comments on the guidance pharmacists need when filling prescriptions based off of telehealth visits.
October 21, 2020

Kelly Jones Howell and Marina Plotkin Contribute to DRI RX for the Defense Newsletter

Harris Beach Medical and Life Sciences Industry Team attorneys Kelly Jones Howell and Marina Plotkin recently contributed an article to DRI
Events

Plotkin Speaks to New York City Pharmacists Society

September 27, 2026

Laura Smalley and Marina Plotkin to Present Complimentary Patent Law CLE Webinar Recording

September 22, 2020
Laura and Marina presented the complimentary patent law CLE webinar, “Update: Written Description and Enablement Requirements under 35 U.S.C
External Publications
November 25, 2024

Harris Beach Pharmacist Attorney Quoted in New York Law Journal Story on New PBM Rules "

November 22, 2024

"Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry," New York Law Journal

December 1, 2023

Speaker: DEA Red Flags: Proceed with Caution (Long Island University, Arnold and Marie Schwartz College of Pharmacy students, Pharmacy Law and Ethics, December 2023)

November 29, 2022

Speaker: DEA Red Flags: Proceed with Caution (Long Island University, Arnold and Marie Schwartz College of Pharmacy students, Pharmacy Law and Ethics, November 2022)

October 1, 2021

Speaker: DEA Red Flags: Proceed with Caution (Long Island University, Arnold and Marie Schwartz College of Pharmacy students, Pharmacy Law and Ethics, October 2021)

March 1, 2021

Speaker: Dispensing in Catastrophic Situations and National/State Emergencies (webinar, American Society for Pharmacy Law (ASPL), March 2021)

September 1, 2020

Speaker: Update: Written Description and Enablement Requirements under 35 U.S.C. § 112 (CLE, September 2020)

October 20, 2019

Speaker: Pharmacy Law Update – Practice Issues for the Pharmacist (10th Annual Arthur Goldberg Pharmacy Law Day, October 20, 2019)

July 31, 2019

Speaker: DEA Red Flags: Proceed with Caution (webinar, American Society for Pharmacy Law, July 31, 2019)

July 1, 2019

Publication: Pharmacists Must Identify and Resolve Red Flags in Dispensing Controlled Substances (New York State Pharmacist Century II, official publication of the Pharmacists Society of the State of New York Vol 93, Issue 3)

November 1, 2017

Speaker: Co-presented Prescription Drug Monitoring Programs - Solution to the Opioid Epidemic? (American Society of Pharmacy Law annual meeting, November 2017)

March 10, 2017

Publication: Best Practices: Is your care facility subject to New York Public Health Law § 2801-d? (DRI Medlaw Update)

Prev ...12... Next

Professional and Civic

  • Pharmacists Society of the State of New York, Legislative Committee, member
  • American Society for Pharmacy Law, Education Committee, member
  • New York City Pharmacists Society, president

Recognition

  • Super Lawyers, Health Care, since 2024
  • Fordham Law Review
  • Fordham Law School – West Group Outstanding Scholastic Achievement Award
  • Henrietta Metcalf Prize for Excellence in the Study of Contracts
  • Fordham Law School Prize
  • Valedictorian – Arnold & Marie Schwartz College of Pharmacy and Health Sciences
Admissions
New JerseyNew YorkU.S. Court of Appeals, Second CircuitU.S. District Court, New JerseyU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Northern DistrictU.S. District Court, New York - Southern DistrictU.S. Patent and Trademark Office
Education

Fordham University School of Law

JD 
2005
magna cum laude

Long Island University, Arnold and Marie Schwartz College of Pharmacy

BS 
2000
summa cum laude

Capabilities

Legal Practices

Member of:

Medical and Life Sciences
Government Compliance and Investigations
Intellectual Property
Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Member of:

Long-Term Care
Health Care
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Marina Plotkin

Marina Plotkin

Member

mplotkin@harrisbeachmurtha.com
Capabilities
People
Harris Beach Murtha Attorneys at Law
Marina Plotkin

Marina Plotkin

mplotkin@harrisbeachmurtha.com
D: (212) 313-5409
New York, NY Office

Profile

Marina is a pharmacist attorney on the Medical and Life Sciences Practice Group. She leads our Pharmacy Law team, and, with years of experience as a supervising pharmacist, has unique insight for the defense of pharmacies and pharmacists. She also counsels pharmacy clients on DEA, FDA, Medicare, Medicaid, and Board of Pharmacy matters.

Marina conducts internal pharmacy investigations for a national pharmacy chain in connection with opioid stewardship and proper interception of pain management prescribing practices. She represents pharmacy clients in healthcare fraud investigations on state and federal level, and conducts compliance assessments related to prior authorization assistance, effectiveness of compliance programs, and handling of third-party payor claims.

Marina provides audit assistance to community pharmacies audited by Pharmacy Benefit Managers, assisting with document preparation, discrepancy analysis, and appeal submission. She also represents pharmacies audited by the New York State Office of Medicaid Inspector General (OMIG). She offers Fraud, Waste and Abuse compliance development. She is involved with the American Society for Pharmacy Law, having presented to a national audience on the Prescription Drug Monitoring Program. She has also presented on the topic of pharmacist corresponding responsibility to identify and resolve red flags in filling controlled substance prescriptions.

Another major focus for Marina is the defense of product liability litigation involving pharmaceuticals, compounded preparations, medical devices and biologics, utilizing the combination of science and legal credentials to provide strategic insight on complex issues. She also defends medical malpractice, pharmacy malpractice, toxic mold, lead exposure and general liability cases.

Her experience includes all stages of discovery in state and federal courts, motion practice, oral argument and strategizing litigation plans based on comprehensive medical research and analysis. Marina has worked with experts in neurosurgery, orthopedics, neuro-intervention, regulatory affairs, radiology and bioengineering. She has assisted in commercial litigation involving agreements governing clinical trial manufacturing and pharmacy business divorces. Marina was a member of the national coordinating counsel for New England Compounding Pharmacy in the fungal contamination mass tort, as well as national counsel for several medical device companies involved in mass tort litigation arising out of the use of a pain pump following arthroscopic surgery. Marina has experience advising clients on life science-related intellectual property rights.

Marina also has extensive experience defending long-term care providers, including independent living facilities, adult care facilities/assisted living, and nursing homes, involving allegations such as medication errors, elopement, abuse and neglect, and inadequate supervision.

Areas of Expertise

Legal Practices

Member of:

Medical and Life Sciences
Government Compliance and Investigations
Intellectual Property
Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Member of:

Long-Term Care
Health Care

Focuses

Please select listing to show.

Admissions

New JerseyNew YorkU.S. Court of Appeals, Second CircuitU.S. District Court, New JerseyU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Northern DistrictU.S. District Court, New York - Southern DistrictU.S. Patent and Trademark Office

Representative Matters

  • Guide pharmacies through audits, including those by the New York State Office of the Medicaid Inspector General (NYS OMIG) and pharmacy benefit managers (OptumRx, CVS Caremark, Express Scripts, Envision Rx/Elixir, Humana, MedImpact).
  • Provide pharmacy audit assistance, appeals, corrective action plans, network termination reconsideration requests, re-installment requests.
  • Defended a compounding pharmacy and its supervising pharmacist in a medication error malpractice lawsuit.
  • Represented a closed-door pharmacy serving assisted living and adult group homes in a malpractice suit involving sound-alike medications dispensed in a blister pack (metolazone and methotrexate).
  • Conduct analysis of medication administration records for assisted living clients facing litigation over alleged medication errors, identifying key issues and developing defense strategies.
  • Assist pharmacies in resolving Board of Pharmacy matters, including disputing inspection findings, contesting violations and challenging fines.
  • Represented pharmacies in government investigations, such as responding to Department of Justice (DOJ) subpoenas related to prior authorization practices, and Drug Enforcement Agency (DEA) inspections
  • Represented a pharmacy in responding to a subpoena issued in the IN RE OPIOID LITIGATION.
  • Assist pharmacies with contracting to obtain Medicare and Medicaid provider status, revalidation applications, change in ownership applications.

Distinctions

Professional and Civic

  • Pharmacists Society of the State of New York, Legislative Committee, member
  • American Society for Pharmacy Law, Education Committee, member
  • New York City Pharmacists Society, president

Recognition

  • Super Lawyers, Health Care, since 2024
  • Fordham Law Review
  • Fordham Law School – West Group Outstanding Scholastic Achievement Award
  • Henrietta Metcalf Prize for Excellence in the Study of Contracts
  • Fordham Law School Prize
  • Valedictorian – Arnold & Marie Schwartz College of Pharmacy and Health Sciences
Attorney Advertising. Prior results do not guarantee a similar outcome. © 2026 Harris Beach Murtha Cullina PLLC
Content current as of October 8, 2026 12:00 pm