Ben M. Wolfert, MBA

Ben Wolfert leads the delivery of expert and consulting services across multiple practices, with an emphasis on pharmaceutical industry matters. Ben’s work has spanned the full lifecycle of engagements, including developing discovery requests, crafting expert reports, preparing trial testimony and demonstratives, and supporting post-trial efforts like settlement negotiations.

Because his work focuses primarily on healthcare engagements, Ben has extensive experience working with large, complex sets of medical claims data (including Medicare and Medicaid), pharmaceutical sales data, and pharmaceutical pricing compendia. He also brings expertise in antitrust litigation across industries like airlines, technology, and credit cards. Ben has supported experts and counsel on cases involving the False Claims Act (FCA), monopolization, collusion, class certification, and price fraud. Additionally, he contributes to managing Bates White’s transfer pricing portfolio.

Beyond his case work, Ben is passionate about giving back to the community. He is an original member of the firm’s pro bono coordinating committee and, through his philanthropic efforts, was selected to serve on the Advisory Board of the Children’s Law Center, a local nonprofit. Ben also plays a key role in the firm’s initiatives to recruit and develop a diverse and talented workforce, acting as a senior advisor to recruiting and leading efforts for the firm’s award-winning internship program.

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

BS, Economics (with honors), Pennsylvania State University 

BS, Mathematics, Pennsylvania State University

Antitrust

• Served as lead consulting expert in Regeneron Pharmaceuticals, Inc. v. Amgen Inc., a matter regarding alleged foreclosure from the PCSK9 inhibitor market through anticompetitive bundling of pharmacy benefits manager rebates. 
• Served as lead consulting expert on behalf of Actelion in Government Employees Health Association (GEHA) v. Actelion Pharmaceuticals LTD., regarding market definition and market power.
• Served as lead consulting expert in United HealthCare Services, Inc. v. Gilead Sciences and Teva Pharmaceuticals USA, Inc., a matter in which the manufacturers allegedly engaged in “pay-for-delay” conduct to delay generic competition for multiple products used to treat and prevent HIV.
• Served as lead consulting expert and supported expert testimony in State of Wisconsin et al. v. Indivior Inc. et al., evaluating damages, merits, and antitrust issues related to pharmaceutical product hopping on behalf of plaintiffs.
• Supported expert testimony 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.

False Claims Act

• Served as lead consulting expert in United States of America, ex rel. Michael Bawduniak v. Biogen IDEC Inc., a matter where the manufacturer allegedly violated the FCA through kickbacks in the form of honoraria, meals, and other event-related remuneration to physicians.

Pharmacy and medical claim adjudication

• Served as lead consulting expert in State of Louisiana v. Molina Healthcare, Inc., regarding causation and damages on behalf of Unisys Corporation concerning allegations of improper adjudication and overpayments for state Medicaid prescription drug claims.
• 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.

Mass torts

• Supported advisory opinions and analyses of the expert in resolution of over 80,000 Zantac and generic ranitidine claims brought against GSK.
• Served as lead consulting expert in AmerisourceBergen Drug Corporation, et al., v. ACE American Insurance Co., et al., a matter related to insurance coverage payments related to a wholesaler’s settlement in underlying opioid litigation.