Photo of Ben M. Wolfert, MBA

Selected Expertise

  • Class certification
  • Damages estimation
  • Data analysis
  • Database development, management, and analysis
  • Discovery support
  • Market power
  • Pharmaceutical pricing and reimbursement

Selected Industries

  • Airlines
  • Health insurance
  • Healthcare
  • Medical devices
  • Medicare and Medicaid
  • Pharmaceuticals

Ben M. Wolfert, MBA

Profile

Ben Wolfert specializes in data analysis and management, discovery support, and industry analysis. He has experience working with counsel and supporting testifying experts through all stages of litigation. His work focuses on healthcare engagements in the pharmaceutical industry, which often requires the analysis of large sets of Medicaid claims data, pharmaceutical sales data, and pharmaceutical pricing compendia. His healthcare experience also includes engagements in the medical devices industry, the insurance industry, and the provision of anesthesiology services. He also has experience in antitrust litigation in the airline and technology industries. He has supported experts and counsel in matters involving monopolization, collusion, class certification, and price fraud.

Selected Experience

  • Provided consulting and expert support on behalf of a number of pharmaceutical manufacturers facing allegations brought by several state attorneys general involving reported prices, which the states claim caused its Medicaid agencies to overpay for prescription drugs. Performed analyses of pharmaceutical pricing and Medicaid reimbursement of branded and generic products, including exposure estimation and rebuttal of plaintiffs’ experts’ damage methodologies.
  • Supported expert testimony of Dr. Eric M. Gaier in In re Delta/AirTran Baggage Fee Antitrust Litigation in connection with an alleged conspiracy to reduce capacity in Atlanta and introduce a first-bag fee. Managed and analyzed publicly available and private data sets in support of an econometric model designed to determine common impact and price effects, and evaluated damages models of the plaintiffs’ expert. 
  • Supported expert testimony of Dr. Randal Heeb in United States v. Dicristina. The case centered on the question of whether poker is considered to be a form of gambling, and therefore illegal under the Illegal Gambling Business Act (IGBA). Based on analyses conducted using a data set of more than 415 million hands of online No Limit Hold’em poker, Bates White demonstrated that poker is in fact predominantly a game of skill, not chance. Judge Jack B. Weinstein ultimately ruled that poker is “predominated by skill” and therefore does not fit the definition of gambling under the IGBA.
  • Supported expert testimony of Dr. Cory S. Capps in Sheridan Healthcorp, Inc. v. AvMed Inc on issues of market definition, market power, and competitive effects on behalf of AvMed Health Plans, a Florida health insurer. Managed and analyzed publicly available and private data sets in support of an econometric model designed to determine the value of hospital networks.
  • Supported testifying expert and provided consulting expertise on behalf of a pharmaceutical supplier in connection with actions taken by the Drug Enforcement Administration to revoke its controlled substance certificate of registration. Performed statistical and economic analyses of the distribution patterns of certain controlled substances.
  • Supported testifying expert and provided consulting expertise on behalf of a national health insurance company defending allegations that it artificially depressed reimbursement rates to certain medical providers. Considered and analyzed issues of common impact by using insurer fee schedules and databases.
  • Provided consulting expertise on antitrust liability and damages on behalf of a medical devices manufacturer engaged in an illegal tying allegation against one of its competitors. Analyzed the competitive effects of a variety of business practices, including bundled rebates and the competitive effects of practices such as tying, bundling, and exclusive dealing.
  • Conducted extensive analyses in support of cartel damages estimation and expert testimony for a large coalition of direct-action plaintiffs in the United States, Asia, and Europe in In re TFT-LCD (Flat Panel) Antitrust Litigation.

Education

MBA, Robert H. Smith School of Business, University of Maryland

BS, Economics (with honors), Pennsylvania State University 

BS, Mathematics, Pennsylvania State University