Benjamin Scher

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.
• In Gorzo et al. v. Rodan & Fields, LLC, served 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, served as testifying expert on behalf of Rodan & Fields in support of its opposition to class certification in a matter alleging deceptive labeling and marketing of a product.
• Served as testifying expert in National Union Fire Insurance Company of Pittsburgh, Pa. v. Fresenius Medical Care Holding Inc. on behalf of Fresenius in a matter relating to the allocation between Fresenius and insurers of a $250 million settlement.
• Served as testifying expert in Mier et al. v. CVS et al., Piescik et al v. CVS, and Macormic et al. v. Vi-Jon in support of defendants’ opposition to class certification in three matters alleging deceptive labeling of hand sanitizer.
• Submitted an expert declaration on behalf of the plaintiff in Moxie v. Aptive et al. in support of its opposition to defendants’ motion for summary judgment.
• In United States ex rel. Fitzer v. Allergan, Inc. et al. submitted expert report on behalf of defendant Allergan in a matter alleging violations of the FCA and Anti-Kickback Statute. Provided opinions relating to data analysis and economic damages. 
• In Holwill et al. v. AbbVie et al. submitted expert report on behalf of defendant AbbVie in a securities matter premised on allegations of underlying FCA and AKS violations. Provided opinions relating to data analysis and economic damages. 

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.