Frederic W. Selck, PhD

Frederic (Fred) W. Selck has more than a decade of experience analyzing and explaining complex issues at the intersection of healthcare and economics. Dr. Selck is an expert in healthcare innovation, public and private health insurance, pharmaceutical/medical device pricing and distribution, and healthcare policy. He has applied his expertise in matters dealing with competition, intellectual property, and false claim allegations.

Prior to joining Bates White, Dr. Selck was a Fellow at the National Center for Health Statistics and part of the Health Economics Research Group at the Centers for Disease Control and Prevention. He was also a Contributing Scholar at what was the UPMC Center for Biosecurity (now the Johns Hopkins Center for Health Security). He teaches graduate-level courses in health economics, innovation, and health care finance at Johns Hopkins University and has published in peer-reviewed journals such as Health Services Research, Statistics in Medicine, and Annals of Surgery.

PhD, Applied Economics, Johns Hopkins University

MA, Economics, City University of New York, Hunter College

BA, Economics, City University of New York, Hunter College

EXPERT Q&A SERIES

Dr. Selck discusses his path to economic consulting, challenging situations, and advice for success in the field.

Anticompetitive conduct

• Retained as a testifying expert on behalf of two veterinarians in a dispute involving non-compete agreements in a regional emergency veterinary care market. Provide opinions on market definition and the price effects of market concentration.
• In State of Wisconsin et al. v. Indivior Inc. f/k/a Reckitt Benckiser Pharmaceuticals Inc. et al., on behalf of more than 40 state attorneys general, led the team analyzing alleged anticompetitive conduct. Plaintiffs allege that Indivior, formerly a part of Reckitt Benckiser, engaged in anticompetitive “product hop” behavior to move prescribing from its Suboxone Tablets product to its Suboxone Film line extension to maintain profits in anticipation of generic tablet competition. 
• Served as consulting expert on a matter involving pharmaceutical “pay for delay” allegations on behalf of a large third-party payer. Analyzed physician prescribing and formulary data to define the relevant market, and pricing and rebate data to estimate damages associated with the alleged anticompetitive conduct.

False claims

• In Edward Lacey v. Visiting Nurse Service of New York (VNSNY), served as the testifying expert on behalf of the nation’s largest not-for-profit home- and community-based healthcare provider. Reports and testimony responded to allegations that employees systematically ignored prescribed Plans of Care and falsified visits billed.
• In United States v. Novartis Pharmaceuticals Corp. and BioScrip, Inc., provided consulting expertise for Novartis 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.

Intellectual property and commercial disputes

• In Amgen Inc. v. Sanofi Aventisub LLC and Regeneron Pharmaceuticals, Inc., served as a consulting expert supporting the testimony of Dr. Ernst R. Berndt regarding the eBay factors in a matter involving permanent injunction on behalf of Amgen, alleging infringement of its patents.  
• On behalf of the plaintiff in Wells Fargo Bank et al. v. Merrimack Pharmaceuticals, Inc., co-led the team supporting the expert and performed a valuation of Merrimack’s pipeline of oncology drugs that supported the opinion that the sale of Merrimack’s sole commercial product constituted a fundamental change of the company.