Overview
Brian Stimson is the former Acting General Counsel and Principal Deputy General Counsel (second-ranking lawyer) for the US Department of Health and Human Services (HHS) in Washington, DC. He represents health and life sciences clients in litigations, arbitrations and government investigations nationwide. As part of his practice, Brian counsels clients on how to navigate complex disputes that present overlapping legal, regulatory, public policy and business considerations. His collaborative and pragmatic approach draws on his work as a high-level HHS official and a litigator.
Throughout his four years at HHS, Brian was the principal in-house litigation counsel for HHS and oversaw the defense of Administrative Procedure Act (APA) litigation against all HHS divisions, including the Centers for Medicare & Medicaid Services (CMS) and the Food and Drug Administration (FDA). Brian also co-chaired the Health Care Fraud Working Group of the Presidential Task Force on Market Integrity and Consumer Fraud, served as a liaison to the Office of Counsel to the Inspector General (OCIG), partnered with the US Department of Justice (DOJ) on False Claims Act (FCA) enforcement policy, and was the principal in-house counsel for enforcement actions under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
In 2020, Brian was heavily involved in the government-wide response to the COVID-19 pandemic. He advised HHS and its divisions on myriad issues, including:
- procurements of essential medicines, medical countermeasures and critical inputs;
- uses of the Defense Production Act (DPA);
- deterrence of price-gouging and hoarding of personal protective equipment (PPE);
- public health rules and orders applicable to airlines, cruise ships, and lessors;
- and the Provider Relief Fund (PRF).
Additionally, he oversaw internal investigations by the HHS Office of the General Counsel (OGC) into whistleblower allegations about certain aspects of the HHS pandemic response.
Over the past two decades, Brian has also represented health clients in litigations, arbitrations, and government investigations that implicated the FCA, the Medicare and Medicaid programs, the Affordable Care Act (ACA), the Public Health Service Act (PHSA), the Employee Retirement and Income Security Act of 1974 (ERISA), the Federal Arbitration Act (FAA), and the Class Action Fairness Act of 2005 (CAFA).
Brian’s unique experience enables him to deliver practical advice and value to health and life sciences clients facing disputes with regulators or enforcers.
Results
- Obtained summary judgment in declined qui tam action seeking several hundred million dollars in damages for alleged criminal violations of the Anti-Kickback Statute. United States ex rel. McDonough v. Symphony Diagnostic Services, Inc., 36 F.Supp.3d 773 (S.D. Ohio 2014).*
- Argued and won complete dismissal of declined qui tam action alleging violations of the Buy American and Trade Agreements Acts. U.S. ex rel. Sandager v. Dell Marketing, L.P., 872 F.Supp.2d 801 (D. Minn. 2012). *
- Investigated data breach involving $89 billion retail pharmacy chain and PBM, managed notifications to consumers and state attorneys general, and prepared report for the FTC; no adverse regulatory action taken. *
- Successfully represented $149 billion health plan in administrative bid protest and civil litigation contesting the State of Georgia’s award of multi-billion dollar employee benefits contract to a competitor. *
- Defended $149 billion health plan in multi-district class action litigation filed by plan members seeking hundreds of millions of dollars in damages based on alleged denials of coverage for Hepatitis C drugs. *
- Secured favorable settlements for national air ambulance provider in multi-state out-of-network litigation against health plans; advised client on state insurance coverage mandates and outreach to state regulators nationwide. *
*Matter handled prior to joining McDermott
Recognitions
- Superior Service Medal (2020), awarded by the Assistant Secretary for Preparedness and Response (ASPR) of the US Department of Health and Human Services (HHS), for contributions during public health crises
Community
- American Health Lawyers Association, Member (2021); former Vice Chair, Payers Plans and Managed Care Practice Group (2007 – 2017)
- State Bar of Georgia, Health Law Section, Member (2021); former Executive Committee Member (2012 – 2018)
- Federalist Society, Member
Credentials
Education
University of Georgia School of Law, JD, cum laude, 2002
Vanderbilt University, BA, 1997
Admissions
District of Columbia
Georgia
Courts/Agencies
District of Columbia Court of Appeals
Court of Appeals of Georgia
Supreme Court of Georgia
US District Court for the Middle District of Georgia
US District Court for the Northern District of Georgia
