Scott M. Weishaar

Scott Weishaar is the Bates White Managing Partner. He provides consulting expertise and expert support in complex litigation and government investigations for pharmaceutical manufacturers and wholesalers, pharmacies, healthcare providers, and other life sciences industry participants. These cases often involve economic analysis of class certification, liability, and damages related to federal and state false claims acts (FCA), fraud, and antitrust issues. Mr. Weishaar collaborates with clients to support discovery efforts, provide insights into industry dynamics, manage analysis of large data, and contribute to case strategy. He has coordinated complex litigation efforts among large client groups, including a group of more than 70 pharmaceutical manufacturers in multistate drug pricing cases and a plaintiff opt-out group in one of the largest price-fixing cases in US history. Mr. Weishaar has worked extensively on healthcare projects involving Medicare and Medicaid, third-party health plans, pharmaceuticals, and medical device manufacturers.

BS, Economics, Schreyer Honors College, Pennsylvania State University

SPOTLIGHT

Mr. Weishaar was interviewed on an episode of Management Consulted's Strategy Simplified podcast about the work economic consultants do, what makes Bates White's culture unique, application tips, and more.

• In Jacob J. Beckel v. Fagron Holding USA, LLC, et al., provided deposition testimony on behalf of Fagron on billing and reimbursement patterns in the context of alleged fraudulent misrepresentation relating to the pricing practices of Fagron’s Bellevue Pharmacy subsidiary. 

• In In re National Prescription Opiate Litigation, supported testifying experts and provided consulting expertise on causation and damages on behalf of a manufacturer defendant concerning allegations of inappropriate marketing of prescription opioids.

• In In re Generic Pharmaceuticals Pricing Antitrust Litigation and in related government investigations, serving as a consulting expert on behalf of a large generic pharmaceutical manufacturer in connection with allegations that it conspired to fix prices or allocate markets.

• In United States v. Novartis Pharmaceuticals Corp., serving as a consulting expert on causation and damages on behalf of Novartis in connection with alleged FCA violations associated with alleged kickbacks concerning Novartis’s promotional events for ten self-administered drugs indicated for hypertension or type 2 diabetes.

• In Elorac v. Sanofi-Aventis Canada, supported the expert in providing written and deposition testimony assessing damages in breach of contract federal district court action on behalf of the  plaintiff.
• Provided consulting expertise in United States ex rel. Donald R. Galmines v. Novartis Pharmaceuticals Corp
• In United States v. Novartis Pharmaceuticals Corp. and BioScrip, Inc., served as the lead consulting expert for Novartis on the economics of pharmacy dispensing, government reimbursements, and adherence. 
• Supported testifying expert and served as the lead consulting expert on behalf of a drug wholesaler and retail pharmacy chain in connection with statistical analysis of drug diversion allegations brought by the Drug Enforcement Administration.
• In The State of Texas ex rel. Ven-A-Care of the Florida Keys, Inc. v. Mylan Inc.; The State of Texas ex rel. Ven-A-Care of the Florida Keys, Inc. v. Alpharma USPD; and The State of Texas ex rel. Express Med Pharmaceuticals, Inc. v. Lupin Limited, as well as in a number of Texas civil investigations, supported testifying experts and provided consulting expertise on behalf of a large number of generic pharmaceutical manufacturers defending allegations that they submitted false prices to the Texas Medicaid Vendor Drug Program.

• In matters brought by various states relating to Average Wholesale Price, supported testifying experts and provided consulting expertise on liability, causation, and damages on behalf of a number of generic and brand-name pharmaceutical manufacturers defending allegations of deceptive pricing practices. 

• In response to changes to the regulatory requirements for reporting prices to Texas Medicaid's Vendor Drug Program, collaborated with in-house and outside legal counsel to support a generic manufacturer in developing functional price reporting procedures.
• In Pennsylvania Chiropractic Association v. Blue Cross Blue Shield Association, supported testifying expert on ascertainability and predominance of common factors.  
• In In re Pharmaceutical Industry Average Wholesale Price Litigation, supported expert testifying on issues of common impact, feasible damage methodologies, and merits. 
• In In re Methionine Price-Fixing, managed the preparation of affirmative and rebuttal expert reports in support of a large plaintiff opt-out group in an extensive commercial price-fixing litigation matter. 
• In In re Vitamins Antitrust Litigation, provided litigation consulting services in the largest price-fixing case in US history on behalf of a consortium of over 150 countries.