Abraham Gitterman focuses on FDA and Healthcare regulatory, compliance, and fraud and abuse matters involving pharmaceuticals and medical devices manufacturers. He regularly counsels clients on FDA-regulated advertising and promotions, including use of social media; compliant medical affairs activities, including continuing medical education (CME); appropriate interactions with healthcare professionals; and mobile health applications. Mr. Gitterman also assists with extensive reviews of corporate compliance programs, both generally and pursuant to Corporate Integrity Agreements (CIAs) with OIG, for various life science companies and healthcare entities to ensure compliance with the Anti-Kickback Statute, the False Claims Act, and the Federal Food, Drug, and Cosmetic Act. Mr. Gitterman also has extensive experiencing counseling clients on the Physician Payments Sunshine Act and related state transparency and "gift ban" laws. He also advises clients on compliance with the Drug Supply Chain Security Act (DSCSA) and the Compounding Quality Act.

Prior to joining the firm, Mr. Gitterman was a research associate at a national ACCME-accredited CME provider, where he assisted drafting medical education grant applications and evaluated various conflict of interest policies regarding physician relationships with manufacturers. Mr. Gitterman received a Health Law Certificate from the Law & Health Care Program at the University of Maryland Francis King Carey School of Law. During law school, Mr. Gitterman clerked with the US Department of Justice, Consumer Protection Branch; The Office of Counsel to the Inspector General for the Department of Health and Human Services (OCIG); and The FDA Office of Policy. Mr. Gitterman also founded the Health Law Regulatory & Compliance Competition.

Experience

  • Various pharmaceutical companies in assessing the FDA and healthcare compliance risks associated with medical and commercial activities and planning.
  • Manufacturers in advising on fraud and abuse trends by tracking and summarizing ongoing qui tams and investigations under the False Claims Act and related laws.
  • Assist with internal investigations and enforcement actions involving off-label promotion, kickbacks, and other healthcare compliance issues.
  • Manufacturers in the development and implementation of Sunshine Act and state gift ban policies, procedures, and processes, as well as best practices for HCPinteractions.
  • Pharmaceutical manufacturer in serving as outside counsel for the review of promotional and medical materials.

  • Pharmaceutical manufacturer in conducting an extensive audit of its patient assistance programs and related reimbursement support activities.
  • Large pharmaceutical manufacturer by serving as an outside independent reviewer to evaluate its healthcare compliance program.
  • Drug and device manufacturers by providing strategic legal counseling on various federal and state track and trace, supply chain, and distribution issues, including compliance with the Drug Supply Chain Security Act (DSCSA).
  • Advise on Corporate Integrity Agreement compliance including reportable events, policies and procedures, annual reports, and training.

Recognition

15th Annual Epstein Becker & Green Annual Health Law Writing Competition

1st Place, Fifteenth Annual Epstein Becker & Green Annual Health Law Writing Competition (2013)

ABA's 11th Annual Health Law Student Writing Competition

Runner-Up, 11th Annual American Bar Association Health Law Student Writing Competition

Internat'l Association of Defense Counsel Annual Student Legal Writing Contest

1st Place, International Association of Defense Counsel Annual Student Legal Writing Contest (2013)

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Credentials

Education
  • JD, University of Maryland Francis King Carey School of Law, 2013, magna cum laude, Order of the Coif
  • BA, History, Pennsylvania State University, 2008
  • BA, Political Science, Pennsylvania State University, 2008
  • BA, Criminal Justice, Pennsylvania State University, 2008
Admissions
  • District of Columbia
  • New Jersey
  • Pennsylvania
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