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Summary

Ben Scher is an expert in providing data-driven insights to help solve complex problems. He has more than 15 years of experience performing empirical analyses of large data sets and conducting statistical and economic analysis. Mr. Scher’s work focuses on the healthcare and life sciences sectors. He has recently served as a testifying expert on several matters and as lead consulting expert for drug manufacturers, medical device manufacturers, and large healthcare providers on numerous engagements. Mr. Scher frequently presents analyses on behalf of clients to attorneys from the Department of Justice (DOJ) and the Office of Inspector General (OIG). These analyses often form the basis for resolutions of complex matters. He also provides consulting expertise based on his data analyses to senior executives of large healthcare and medical device companies contemplating potential regulatory actions (e.g., product recall, indication expansion, safety implications of manufacturing issues). Many of the matters Mr. Scher has worked on involve hundreds of millions of dollars or more in controversy. In addition, Mr. Scher is a Certified Health Data Analyst, a certification granted by the American Health Information Management Association and has a Certificate in Data Analytics from the Cornell University SC Johnson College of Business.

Education

BS, Policy Analysis and Management, Cornell University

Practices

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.
  • In Commonwealth of Kentucky, ex rel. Andy Beshear, Attorney General v. Fresenius Medical Care Holdings, Inc., served as testifying expert on behalf of Fresenius Medical Care in a matter alleging misleading and deceptive practices relating to a product called GranuFlo. Analyzed numerous large databases and provided analyses that formed the foundation of opinions of academic affiliate. Deposition taken in August of 2018. Matter settled in early 2019.
  • Retained as testifying expert on behalf of a defendant medical device supplier in a putative class action lawsuit involving alleged misleading representations and omissions in advertising. Retained to provide opinions on data analytics and economic damages methodologies. Evaluating potential damages methodologies and analyzing data on sales and pricing of the product.
  • Retained as testifying expert for a major nationwide healthcare provider facing allegations of FCA violations stemming from the frequency with which it provided certain services. Analyzed numerous large databases to evaluate empirical patterns, provided assessment of economic damages methodologies, and performed statistical analysis of certain patient health outcomes.
  • 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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