David T. Fischer
David Fischer is senior counsel at Grant & Eisenhofer. He has spent over a decade representing plaintiffs and defendants in complex litigation and antitrust litigation. Mr. Fischer’s complex litigation practice has involved federal and state civil, criminal and administrative fraud investigations and litigation. He has been involved in numerous cases involving multi-million dollar recoveries in False Claim Act actions.
Mr. Fischer represented the lead whistleblowers in qui tam action under the False Claims Act alleging fraud by Merck-Medco, national pharmacy benefit management company (“PBM”), related to services performed for federal health plans. The Government intervened in the case, which was litigated aggressively for several years, and which was settled for approximately $185 million just prior to summary judgment/trial.
Mr. Fischer is also an experienced antitrust litigation attorney, has been counsel in two antitrust trials and has defended companies facing Federal Trade Commission (FTC) merger investigations. In 2005, he helped obtain a multi-million jury verdict on behalf of Health Care Service Corporation (HCSC) in the first indirect-purchaser antitrust case to proceed to trial (Federal Court, District of Columbia). That lawsuit stemmed from a generic pharmaceutical company’s anticompetitive conduct in the markets for lorazepam (generic equivalent of Ativan®) and clorazepate (generic equivalent of Tranxene®). After HCSC opted out of an underlying class settlement, and after several additional years of litigation, the case was tried to verdict in a month-long jury trial. Following verdict, the damages award for Plaintiffs was trebled and enhanced by the Court to nearly $80 million.
Mr. Fischer has published numerous articles and served as a panelist or speaker on False Claims Act and antitrust issues. His speaking engagements include: “Reimbursement and False Claims Act Fundamentals,” ABA Health Law Section (May 19, 2011, February 7, 2013); “In-House Counsel Update,” ABA Section of Antitrust Law Corporate Counseling Committee (June 2, 2011); “False Claims Act Changes and Challenges,” Department of Energy Contractor Attorneys’ Association’s (DOECAA) Spring Conference (May 13, 2010); “The Government’s Crackdown on Clinical Research Misconduct,” Drug Information Association’s Liability Risks in Clinical Trials Program (February 25, 2010); and “Substantive and Procedural Motions,” District of Columbia Bar Association CLE Program Pre-Trial Skills Series (October 22, 2009, October 29, 2010, and October 20, 2011). He has authored or co-authored the following: Digital evidence searches in competition investigations: Best Practices for effective fundamental rights, 4-2009 Concurrences, November 2009; Dr. Miles: Will The Supreme Court Find a Cure?, The Antitrust Source, February 2007; and Cardizem CD®, K-Dur®, Plavix® and OxyContin®: Have We Entered the Endgame of Antitrust Uncertainty Towards Pharmaceutical Patent Litigation Settlements?, Health Lawyers Weekly, December 15, 2006.
Mr. Fischer is active in the health care and antitrust bars, having held a number of leadership posts in the ABA. He is currently the vice chair of the ABA Section of Health Law’s Healthcare Litigation and Risk Management Interest Group. He is also on the Planning Committee for, and a speaker at, the ABA’s forthcoming False Claims Act and Qui Tam Trial Institute (June 5-7, 2013).
Mr. Fischer’s pro bono work has included representing disabled veterans and individuals in neglect and guardianship cases.
Mr. Fischer graduated from Miami University in 1996 with Bachelors of Arts in English Literature and Political Science, and received his J.D. from the Georgetown University Law Center in 1999. Prior to joining Grant & Eisenhofer, Mr. Fischer worked in Washington D.C. for Shook, Hardy & Bacon where he frequently litigated health care qui tam cases.