Photo of Eric M. Gaier, PhD

Selected Expertise

  • Antitrust analysis
  • Causation analysis
  • Class certification
  • Commercial success
  • Damages estimation
  • False Claims Act
  • Healthcare economics
  • Monopolization
  • Pharmaceutical economics
  • Pharmaceutical pricing and reimbursement
  • Pricing policy
  • Statistical analysis
  • Econometrics

Selected Industries

  • Commercial aviation
  • Health insurance
  • Healthcare
  • Medical devices
  • Medicare and Medicaid
  • Pharmaceuticals
  • Retail
  • Technology
  • Transportation

Eric M. Gaier, PhD

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Dr. Eric M. Gaier is a founding member of Bates White, LLC and currently serves as the co-leader of the Healthcare and Life Sciences Practice. He has significant experience in the application of economic and statistical analyses to antitrust, False Claims Act (FCA), Employee Retirement Income Security Act (ERISA), California Unfair Competition Law (UCL), commercial success, and other legal frameworks. Dr. Gaier specializes in economic analysis of issues associated with class certification, liability, causation, and damages.

Dr. Gaier has testified and consulted for government, law firm, and corporate clients across a variety of industries including health insurance, pharmaceuticals, medical devices, retail sales, agriculture, technology, commercial aviation, aerospace manufacturing, and defense procurement.

Selected Experience

  • In United States v. Novartis Pharmaceuticals Corp., served as a testifying expert on the economics of pharmacy dispensing, government reimbursements, and adherence in connection with alleged FCA violations associated with alleged kickbacks concerning Novartis’s distribution of two specialty brand-name pharmaceuticals: Myfortic and Exjade. Provided expert reports.
  • In In re WellPoint, Inc. Out-of-Network “UCR” Rates Litigation, served as a testifying expert on economic issues associated with class certification and merits on behalf of defendant WellPoint in connection with alleged underpayment of out-of-network benefits associated with alleged violations of ERISA, California UCL, breach of warranty, and breach of implied covenant of good faith obligations. Provided expert reports and deposition testimony.
  • In Janssen Products, L.P. v. Lupin Limited, served as a testifying expert regarding commercial success as a secondary consideration of patent nonobviousness on behalf of plaintiff Janssen alleging patent infringement in connection with certain generic drug manufacturers’ Paragraph IV Abbreviated New Drug Applications (ANDAs) concerning generic versions of Janssen’s PREZISTA® HIV treatment prescription drug. Provided expert report and deposition testimony.
  • In Marvin C. Weinstat v. Dentsply International, Inc., served as a testifying expert on the reliability of class-wide restitution and damages methodologies on behalf of Dentsply in connection with alleged violations of California UCL and breach of warranty claims associated with certain dental ultrasonic scaling devices. Provided declarations, deposition, and trial testimony.
  • In United States ex rel. Kevin N. Colquitt v. Abbott Labs., Inc., serving as a testifying expert on causation and damages on behalf of Abbott in connection with alleged FCA violations concerning alleged off-label marketing of Abbott’s biliary stents for use in peripheral vascular procedures. Provided expert report and deposition testimony.
  • In Center City Periodontists, P.C. v. Dentsply International, Inc., serving as a testifying expert on economic issues associated with class certification including ascertainability of the class and reliability of class-wide damages methodologies on behalf of Dentsply in connection with alleged breach of warranty claims associated with certain dental ultrasonic scaling devices. Provided expert report, deposition, and hearing testimony.
  • In Static Control Components, Inc. v. Lexmark International, Inc., served as the testifying expert on market definition, market power, and competitive impact for a printer systems manufacturer defending allegations of monopolization and attempted monopolization of an alleged aftermarket in toner cartridges. Provided expert reports, deposition testimony, and trial testimony.
  • In State of Alabama v. Abbott Labs., Inc., served as a testifying expert on liability, causation, and damages on behalf of a joint defense group of leading pharmaceutical manufacturers defending allegations of fraudulent pricing. Provided expert disclosure, deposition testimony, and trial testimony.
  • In In re Pharmaceutical Industry Average Wholesale Price Litigation, served as a testifying expert on issues of predominance, feasible damage methodologies, and merits on behalf of a joint defense group of leading pharmaceutical manufacturers concerning allegations of fraudulent and deceptive pricing. Provided expert reports, deposition testimony, and trial testimony.

Education

PhD, Economics, Duke University

MA, Economics, Duke University

BA, Economics, Florida State University