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Summary

Ben Scher is an expert in providing data-driven insights to help solve complex problems. He has 18 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, with a primary emphasis on pharmaceuticals/biologics, medical devices, and healthcare providers. He has served as a testifying expert on several matters and as lead consulting expert on numerous engagements.

Much of Mr. Scher’s work involves providing consulting expertise on behalf of defendants in matters alleging False Claims Act (FCA) violations. Mr. Scher frequently presents analyses on behalf of clients to attorneys from the Department of Justice (DOJ) and the Office of Inspector General (OIG). He also provides consulting expertise based on his data analyses to senior executives of large companies contemplating potential regulatory actions. 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

Certified Health Data Analyst, granted by the American Health Information Management Association

Selected Work

Selected Experience

Testifying retentions

  • In United States ex rel. George v. Fresenius Medical Care Holdings, Inc., served as testifying expert on behalf of defendant Fresenius Medical Care in an alleged False Claims Act (FCA) matter.
  • In Andren et al. v. Alere Inc. et al., served as testifying expert on behalf of Alere at the class certification phase in a matter alleging deceptive and misleading practices relating to a product called INRatio.
  • 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 of health-related data that formed the foundation of opinions of academic affiliate. 
  • In Gorzo et al. v. Rodan & Fields, LLC, serving as testifying expert on behalf of Rodan & Fields on issues involving data analytics and economic damages methodologies.
  • In Lewis et al. v. Rodan & Fields, LLC, serving as testifying expert on behalf of Rodan & Fields on issues involving data analytics and economic damages methodologies.
  • In National Union Fire Insurance Company of Pittsburgh, Pa. v. Fresenius Medical Care Holding Inc., serving as testifying expert on behalf of Fresenius on issues involving economics and data analytics.
  • Submitted an expert affidavit evaluating a proposed sampling protocol in an arbitration involving contractual disputes between a large healthcare provider and an insurer.
  • Retained as a testifying expert on behalf of a medical device supplier on issues of data analytics and statistics in the context of a dispute with the Centers for Medicare and Medicaid Services over the provision of and billing for certain services.
  • Retained as testifying expert for trial on data analytics and economic damages on behalf of one of the nation’s largest hospital systems.
  • Retained as testifying expert on behalf of 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 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.
  • Retained as testifying expert on behalf of a major nationwide healthcare provider in a matter alleging misleading and deceptive practices.
  • Retained as testifying expert on behalf of a defendant cosmetic product supplier in a nationwide class action alleging misleading representations and omissions in advertising. Provided data analytics and economic analysis.

Consulting experience relating to government FCA investigations

Served as lead consulting expert on behalf of defendants on dozens of matters. Work has involved analyzing data, assessing economic impact, and presenting results to the DOJ. Representative matters include allegations of off-label marketing, kickbacks, improper relationships with patient assistance charities, medical necessity of blood and drug testing, hospital and provider billing practices, performance of diagnostic tests, and documentation of medical services.

Consulting experience relating to regulatory matters

Providing consulting expertise to device and implant manufacturers related to product performance. Representative matters include those related to potential expansion of FDA-approved indications, changes to product labeling, and withdrawal of products from the market. Work has involved data analysis and meta-analysis of healthcare literature.  Presented analyses and reported directly to senior executives.

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