- Healthcare, pharmaceuticals
- Fraud, false claims, antitrust
- Damages, liability
- Statistics, sampling, econometrics
- Quantitative market research
- Data science, forecasting
- Computer hardware and software
- Food and beverage
- Health insurance
- Medical devices
- Medicare and Medicaid
Dr. Stomberg heads the Life Sciences Practice at Bates White. He is an economic and statistical expert focused on using quantitative analysis to provide unique insights and clear, concise narratives for his clients. Dr. Stomberg regularly applies his skills to litigation, regulatory, and policy issues in the healthcare and pharmaceuticals industries. His professional career of over 25 years has covered a wide range of topics, such as:
- Estimating liability and damages in bet-the-company False Claims Act (FCA) cases
- Assessing statistical claims and sample projections in advertising and legal matters
- Analyzing pharmaceutical prices and reimbursement in massive litigation affecting the entire industry
- Designing sampling plans to address market research questions for large telecommunications clients
- Developing pattern-recognition techniques to detect harmful arterial plaques in patient MRI images
He received his PhD in economics from the University of California, San Diego while working with his advisor, Dr. Halbert White, founding Partner of Bates White. Before joining Bates White, Dr. Stomberg was Chief Statistician at a marketing research firm with clients in the computer and telecommunications industries. He was also an analyst at the World Bank.
- In State of Washington v. Living Essentials, LLC and Innovation Ventures, LLC, authored expert report and provided deposition and live testimony at a bench trial. Opinions covered the following topics: 1) whether an advertisement aired by the defendant accurately presented statistics derived from surveys of physicians undertaken on behalf of the company, 2) whether those statistics could be projected to a population of primary care physicians in the United States, and 3) to what extent, if any, the airing of the advertisement affected sales of defendants’ products. In State of Oregon v. Living Essentials, LLC and Innovation Ventures, LLC and State of Indiana v. Living Essentials, LLC and Innovation Ventures, LLC, offered expert report, deposition, and trial testimony regarding similar allegations.
- In Huff v. AR3, LLC, authored expert disclosure on behalf of an insurer on the appropriateness of certain sampling extrapolation techniques in a reimbursement dispute involving workers compensation claims. Evaluated the overall design of the statistical expert’s sampling methodology, which was used to sample paid workers compensation claims.
- In Legg v. Lab. Corp. of Am. Holdings, authored expert report and provided deposition testimony regarding quantitative and statistical evidence pertaining to predominance and ascertainability on behalf of a national lab testing organization facing a class action for alleged violations of the Fair and Accurate Credit Transactions Act (FACTA).
- In Santa Fe Braun, Inc. v. Ins. Co. of N. Am., authored expert report and provided deposition testimony on behalf of excess insurers involved in a coverage dispute regarding asbestos claims settled by an engineering and construction firm. Testimony covered the design and statistical analysis of a sample of settled claims at issue in order to assess the overall value of settlements tied to claimants with potential asbestos operations exposures.
- Presented quantitative analyses raising competitive concerns related to bundling/tying in contracts to the Federal Trade Commission (FTC) and NY Attorney General’s office on behalf of a medical device manufacturer.
- Co-presented empirical pharmaceutical market analyses to the FTC as part of an assessment of the potential antitrust issues related to a proposed pharmaceutical merger on behalf of a generic pharmaceutical manufacturer.
- Served as lead consulting expert to provide liability and damages analysis for a major brand name pharmaceutical company in litigation alleging violations of state insurance law in its marketing practices. Developed sophisticated stratified sampling methods to gather data in support of statistical analyses of liability and causation.
- Served as consulting expert to address statistical sampling (including questions related to the use of RAT-STATS and application of OIG statistical audit guidance), bio-statistics, and economic/causation questions for a national provider chain facing a qui tam litigation alleging FCA violations.
- Served as consulting expert in support of testifying expert Joanna Shepherd. Analyzed statistical patterns of drug shipments over time and geography on behalf of a large pharmaceutical distributor in a matter involving Drug Enforcement Agency (DEA) allegations of inadequate diversion control for certain controlled substances.
- Served as consulting expert for defendants in support of expert testimony by Dr. Eric M. Gaier in a variety of AWP litigation matters. Guided economic and statistical analyses of very large and complex data sets in support of expert reports, depositions, and trials. Reviewed discovery material, provided ongoing economic analysis, and prepared material for fact and expert witness depositions. Reviewed and provided assessments of rebuttal and sur-rebuttal reports. Examinations involved price determination, policymaking, contracting structures, and transactional data employed by pharmaceutical manufacturers, private medical clinics, retail pharmacies, PBMs, Medicare, Medicaid, private health insurers, third-party administrators, drug wholesalers, and numerous third-party sources of industry information. Clients included several manufacturers in both the brand name and generic pharmaceutical industries.
PhD, Economics, University of California, San Diego (with focus on econometrics)
MA, Economics, George Washington University
BA, Economics, University of Massachusetts, Amherst
- May 2016
- International Journal of the Economics of Business, June 2015
- Health, October 2013
- Lawyer Monthly, August 2013
- Making Cold Medicine Rx Only Did Not Reduce Meth Use: Analyzing the Impact of Oregon’s Prescription-Only Pseudoephedrine RequirementCascade Policy Institute, February 2012
- October 14, 2011
- Luncheon Panel: Prescription Drug PricesMay 23, 2016
- Washington, DC, May 10, 2016
- Part of Bates White’s Life Sciences SymposiumJune 12, 2014
- Washington, DC, November 4, 2013
- Washington, DC, October 18, 2013 – October 19, 2013
- Washington, DC, November 30, 2012
- Christopher Stomberg and Richard Manning speak at McGuireWoods’ 4th Annual Medical Device and Life Sciences ConferenceChicago, IL, November 8, 2012
- Washington, DC, October 14, 2011
- New York, NY, May 10, 2011 – May 11, 2011
- Washington, DC, October 29, 2009
- Christopher Stomberg speaks at the Interdisciplinary Centre for Competition Law and Policy's annual conferenceBrussels, Belgium, May 15, 2009
- Christopher Stomberg speaks at ACI Prescription Drug Pricing Conference on Grappling with the Uncertain Future of AWPNew York, NY, March 11, 2009 – March 12, 2009