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Ben Scher is an expert in providing data-driven insights to help solve complex problems. He has extensive experience performing empirical analyses of large data sets, conducting statistical and economic analysis, and serving as lead consulting expert in government investigations and through all phases of litigation. Mr. Scher’s work has focused extensively on the healthcare and life sciences sectors. He has served as lead consulting expert for drug manufacturers, medical device manufacturers, and healthcare providers on numerous engagements—both litigation and government investigations—primarily involving alleged False Claims Act (FCA) violations. He also serves as a testifying expert for a large healthcare provider in a matter involving allegations of FCA violations. Many of the matters Mr. Scher has worked on involve hundreds of millions of dollars or more in controversy. Mr. Scher’s work in these matters involves providing insights on liability, causation, and damages based on empirical analysis of data. In addition, many of these matters have involved issues relating to the methods used to select, and extrapolate from, statistical samples. Finally, Mr. Scher has significant experience in other industries and matters, most notably a variety of antitrust disputes.


BS, Policy Analysis and Management, Cornell University


Selected Work

Selected Experience

  • In United States ex rel. George v. Fresenius Medical Care Holdings, Inc., served as testifying expert on behalf of Fresenius Medical Care.
  • In Andren et al. v. Alere Inc. et al., served as testifying expert on behalf of Alere on issues relating to analytics and economic damages methodologies.
  • Retained as testifying expert for medical device supplier on issues of data analytics and statistics in context of a dispute with Centers for Medicare and Medicaid Services over provision of certain services.   
  • Served as lead consulting expert for a large hospital chain facing a government investigation relating to allegations of False Claims Act violations. 
  • Served as lead consulting expert for a medical device manufacturer facing a government investigation regarding allegations of FCA violations for several products.  
  • Provided data analytics, cost-benefit analysis, and meta-analysis of healthcare literature on behalf of a medical device manufacturer in support of its interactions with FDA regarding performance of certain products.  
  • Serving as lead consulting expert for a large provider of healthcare services to gather insights on issues relating to the frequency and medical appropriateness of certain services.  
  • Served as lead consulting expert for a major drug manufacturer throughout a multiyear government investigation spanning several products and qui tam allegations.  
  • Serving as lead consulting expert for pharmaceutical company facing government investigation relating to its interactions with a Patient Assistance Charity.  
  • Served as lead consulting expert for a medical device manufacturer facing government investigation regarding alleged kickbacks and medically unnecessary services.  
  • Served as lead manager supporting expert analyses on behalf of Amgen in Amgen, Inc. v. F. Hoffman-La Roche Ltd.  
  • On behalf of AMD in the landmark microprocessor antitrust case AMD v. Intel, led a team supporting expert to review documents and depositions pertinent to understanding Intel’s and AMD’s relationships with their customers.
  • Supported expert testimony in United States v. Dicristina regarding econometric and game theoretical evidence.  
  • Supported several experts on behalf of pharmaceutical manufacturers in various matters involving allegations pertaining to the published Average Wholesale Prices for prescription drugs.  
  • Supported work of the expert on market definition, market power, and competitive impact on behalf of the District of Columbia in District of Columbia v. CVS Corp.   

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