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).

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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). *

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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

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Brian R. Stimson

Insights & Events / Media

Webinar / McDermott Event / January 26, 2021

Webinar / Speaking Engagements / February 11, 2020

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