Sherrie R. Savett
Executive Shareholder- 215-875-3071
- 267-979-8995
- ssavett@bm.net
Sherrie R. Savett, Chair Emeritus of the Firm, Co-Chair of the Securities Litigation Department and Chair of the Qui Tam/False Claims Act Department, and member of the Firm’s Management Committee, has practiced in the areas of securities litigation, class actions, and commercial litigation since 1975. Since 2000 she has been an active practitioner in the False Claims Act/Whistleblower space, recently winning the The Anti-Fraud Coalition’s Whistleblower Lawyers of the Year Award.
Ms. Savett serves or has served as lead or co-lead counsel in a large number of important Securities and Consumer Class Actions in federal and state courts across the country.
The below cases, all of which Ms. Savett served as lead or co-lead counsel, are some of the most important.
Ms. Savett has helped establish several significant precedents. Among them are the following:
Additionally, Ms. Savett has become increasingly well-known in the area of consumer litigation, achieving a groundbreaking $24 million settlement in 2008 in the Menu Foods case brought by pet owners against manufacturers of allegedly contaminated pet food. (In re Pet Food Products Liability Litigation, MDL Docket No. 1850 (D.N.J. 2007).
In the data breach area, she was co-lead counsel in In re TJX Retail Securities Breach Litigation, MDL Docket No. 1838 (D. Mass.), the first very large data breach case where hackers stole personal information from 45 million consumers. The settlement, which became the template for future data breach cases, consisted of providing identity theft insurance to those whose social security or driver’s license numbers were stolen, a cash fund for actual damages and time spent mitigating the situation, and injunctive relief.
Ms. Savett also litigated a case on behalf of the City of Philadelphia titled City of Philadelphia v. Wells Fargo & Co., No. 17-cv-02203 (E.D. Pa.), involving alleged violations of the Fair Housing Act. The case was resolved in 2019 with a settlement providing $10 million to go to citizens of Philadelphia for down payment assistance enabling many low-income citizens to buy homes, to local agencies to assist homeowners in foreclosure, and for greening and cleaning decrepit, neighborhood blighting foreclosed properties in Philadelphia.
False Claims Act/Whistleblower Practice
In the past two decades, Ms. Savett also actively worked in the False Claims Act arena.
Serving as Chair of the Firm’s Whistleblower, Qui Tam & False Claims Act Group, the Firm has recovered more than $3 billion for federal and state governments, as well as over $500 million for the Firm’s whistleblower clients.
The Firm has been litigating False Claims Act cases for over two decades, and cut its teeth serving as counsel for several whistleblowers in In re Pharmaceutical Industry Average Wholesale Price Litigation, MDL No. 1456 (D.Mass), a multidistrict litigation involving allegations that drug manufacturers were reporting fraudulent pharmaceutical prices, causing Medicare and Medicaid to overpay for drugs.
Ms. Savett originated these cases for the Firm and led its team. In that multidistrict litigation, the Firm, along with co-counsel, helped secure settlements totaling over $1 billion for the federal and state governments. Berger Montague’s record of success for whistleblowers and defrauded taxpayers continues today. Below is a selection of cases over the last decade in which Ms. Savett has personally led the Qui Tam team to remarkable results.
In United States ex rel. Zissa v. Santa Barbara County Alcohol, Drug, and Mental Health Services, et al., No. 14-cv-06891-DMG (C.D. Cal.), Berger Montague was lead counsel for a former county compliance officer who had been illegally fired for uncovering and reporting Medi-Cal fraud. The county’s behavioral wellness agency was illegally billing Medi-Cal for services to patients without first assessing their medical needs or creating an up-to-date treatment plan.
The agency was also inappropriately billing non-qualifying activities as “medication support,” one of the services Medi-Cal reimburses most highly. The government declined to intervene. Undeterred, Berger Montague attorneys aggressively litigated the case, achieving a $28 million settlement for the federal government and the Firm’s client. Berger Montague attorneys Sherrie Savett, Lane Vines, William Ellerbe, and William Fedullo represented the whistleblower.
In United States ex rel. Jain v. Universal Health Services, Inc., et al., No. 2:14-cv-00921 (E.D. Pa.), Berger Montague’s represented a whistleblower in a case involving a company that owned and operated psychiatric hospitals and residential psychiatric and behavioral treatment facilities. The United States intervened in the case and related cases from other whistleblowers, resulting in a $117 million global settlement in 2020 to, in the words of the Department of Justice, “resolve allegations that [Universal Health Service’s] hospitals and facilities knowingly submitted false claims for payment to the Medicare, Medicaid, TRICARE, Department of Veterans Affairs, and Federal Employee Health Benefit programs for inpatient behavioral health services that were not reasonable or medically necessary and/or failed to provide adequate and appropriate services for adults and children admitted to UHS facilities across the country.” Berger Montague attorneys Sherrie Savett, Joy Clairmont, and Russell Paul served as counsel for the whistleblower.
In United States ex rel. Burris v. The Scripps Research Institute, No. 1:15-cv-01443 (D. Md.), Berger Montague represented a scientist employed by Scripps that learned of grant fraud. According to the whistleblower, Scripps was using money from National Institutes of Health funded research grants to pay for time spent by its researchers on activities outside of the scope of the approved grant, in particular, writing applications for other grants, teaching, and other administrative duties.
In 2020, Scripps agreed to settle the matter for $10 million. Berger Montague attorneys Sherrie Savett and Joy Clairmont represented the whistleblower.
In United States ex rel. Srivastava v. Trident USA Health Services LLC, et al., No. 16-cv-2956 (E.D. Pa.), Berger Montague represented the former Chief Information Officer of a company that provided mobile diagnostic and x-ray services to nursing home residents.
The whistleblower alleged that the company engaged in a swapping arrangement, in which it provided Medicare Part A diagnostic services to nursing homes at below cost, in exchange for those nursing homes referring to the company their more remunerative Medicare Part B and Medicaid business. In 2019, the Defendants agreed to pay $8.5 million to settle these claims. This result was particularly remarkable, as Trident had previously declared bankruptcy and attempted to discharge its False Claims Act liability.
In order to stop Trident’s attempt to dodge responsibility for fraud, Berger Montague brought an adversary proceeding, In re Trident Holding Company, LLC, No. 19-10384 (SHL) (S.D.N.Y. Bankr.), and obtained a ruling that Trident’s False Claims Act liability could not be discharged in bankruptcy.
The First Assistant United States Attorney for the Eastern District of Pennsylvania, Jennifer Arbittier Williams, praised the Firm for its role in the case, saying that it, along with its whistleblower client and counsel for a separate whistleblower, had provided “vital and exceptionally valuable support to the government’s effort in this case, even after Trident’s bankruptcy put any recovery in doubt.” Berger Montague attorneys Sherrie Savett and Russell Paul served as counsel for the whistleblower.
In United States ex rel. Kieff and LaCorte v. Wyeth and Pfizer, Inc., Nos. 03-12366 and 06-11724-DPW (D. Mass.), Berger Montague represented one of two whistleblowers who alleged that the drug manufactures Wyeth and Pfizer had defrauded the Medicaid program in connection with the sale of the drug Protonix.
Wyeth and Pfizer had given deep discounts to hospitals purchasing Protonix but failed to report these discounts to the government. By doing so, they violated Medicaid’s best price rule. As a result of the whistleblowers’ allegations, in 2016 Wyeth and Pfizer agreed to pay the government $784.6 million. Berger Montague attorneys Sherrie Savett and Joy Clairmont represented the whistleblower.
In United States ex rel. Silver v. Omnicare, Inc., No. 1:11-cv-01326-NLH-AMD (D.N.J.), Berger Montague represented a whistleblower who learned that Omnicare, a provider of pharmaceutical services to nursing homes, was engaged in a swapping scheme in violation of the Anti-Kickback Statute.
The whistleblower alleged that Omnicare was offering nursing homes steep discounts on pharmaceuticals dispensed to certain patients, in exchange for those nursing homes referring Omnicare their Medicare Part D business. In 2014, three of the Defendants, including Omnicare, agreed to pay the government $124.24 million to settle these claims and those of a separate whistleblower who filed a substantially similar claim in Ohio. The settlement with the government encompassed both the Pennsylvania and Ohio cases. Berger Montague attorney Sherrie Savett represented the whistleblower.
The Firm is also actively litigating high-stakes non-intervened False Claims Act cases, including:
Significant Professional Leadership
Ms. Savett speaks and writes frequently on securities litigation, consumer class actions and False Claims Act litigation. She is a lecturer and panelist at the University of Pennsylvania Law School on the subjects of Securities Law and the False Claims Act /Qui Tam practice from the whistleblower’s perspective. She has served as a Panelist over the past four years at Penn Law School on the subject of healthcare litigation.
She has also lectured at the Wharton School of the University of Pennsylvania and at the Stanford Law School on prosecuting shareholder class actions. She is frequently invited to present and serve as a panelist in American Bar Association, American Law Institute/American Bar Association and Practicing Law Institute (PLI) conferences on securities class action litigation and the use of class actions in consumer litigation.
Ms. Savett has written numerous articles on securities and complex litigation issues in professional publications. See Section below “Publications and Writings.”
Professional Recognition
Ms. Savett is widely recognized as a leading litigator and a top female leader in the profession by local and national legal rating organizations.
In 2023, Ms. Savett received the “Lifetime Achievement” award by The Legal Intelligencer and ALM and received “America’s Most Honored Lawyers – 2023” award by The American Registry. She has been a “Super Lawyer” for every year for more than a decade. In 2023, 2022 and 2020, she was named by Lawdragon as one of America’s “Leading Plaintiff Financial Lawyers,” and was selected as one of the “Best Lawyers” for 2023, 2021 and 2020. The Legal Intelligencer in 2019 named Ms. Savett a “Distinguished Leader,” and in 2018 she was named to the Philadelphia Business Journal‘s 2018 Best of the Bar: Philadelphia’s Top Lawyers.
The Legal Intelligencer and Pennsylvania Law Weekly named her one of the “56 Women Leaders in the Profession” in 2004.
In 2003-2005, 2007-2013, and 2015-2016, Berger Montague was named to the National Law Journal’s “Hot List” of 12-20 law firms nationally “who specialize in plaintiffs’ side litigation and have excelled in their achievements.” The Firm is on the National Law Journal’s “Hall of Fame,” and Ms. Savett’s achievements were mentioned in many of these awards.
Ms. Savett was named a “Pennsylvania Top 50 Female Super Lawyer” and/or a “Pennsylvania Super Lawyer” from 2004 through 2022 by Thomson Reutersafter an extensive nomination and polling process among Pennsylvania lawyers.
In 2006 and 2007, she was named one of the “500 Leading Litigators” and “500 Leading Plaintiffs’ Litigators” in the United States by Lawdragon. In 2008, Ms. Savett was named as one of the “500 Leading Lawyers in America.”
Also in 2008, she was named one of 25 “Women of the Year” in Pennsylvania by The Legal Intelligencer and Pennsylvania Law Weekly, which stated on May 19, 2008 in the Women in the Profession in The Legal Intelligencer that she “has been a prominent figure nationally in securities class actions for years, and some of her recent cases have only raised her stature.” In June 2008, Ms. Savett was named by Lawdragon as one of the “100 Lawyers You Need to Know in Securities Litigation.”
Ms. Savett has received the “Martindale-Hubbell® AV Preeminent Award” from 2018 through 2023. This is the highest rating in both Legal Ability and Ethical Standards.
Creating a Great Work Environment for Women Attorneys
Ms. Savett has aggressively sought to hire women, without regard to age or whether they are new law school graduates. Several of the women who have children are able to continue working at the Firm because Ms. Savett has instituted a policy of flexible work time and fosters an atmosphere of cooperation, teamwork and mutual respect.
As a result, the women attorneys stay on and have long and productive careers while still maintaining a balanced life. Ms. Savett has a personal understanding of the challenges and satisfactions that women experience in practicing law while raising a family. Ms. Savett has three children and six grandchildren. One of her daughters and her daughter-in-law are lawyers.
Community and Business Leadership
Ms. Savett has taught those around her more than good lawyering. She places great emphasis in her own life on devotion to family, community service and involvement in charitable organizations. She teaches others by her example and her obvious interest in their efforts and achievements.
Ms. Savett is a well-known leader of the Philadelphia legal, business, cultural and Jewish community. She is an exemplary citizen who spends endless hours of her after-work time helping others in the community.
From 2011 – 2014, Ms. Savett served as President and Board Chair of the Jewish Federation of Greater Philadelphia (JFGP), a community of over 300,000 Jewish people. She was only the third woman to serve as the President and Board Chair, the top lay leader of the Federation, in the 122 years of its existence.
Ms. Savett also serves on the Boards of the National Liberty Museum, The National Museum of American Jewish History, and the local and national boards of Americans For Ben Gurion University of the Negev. She had previously served as Chairperson of the Southeastern Pennsylvania State of Israel Bonds Campaign and has served as a member of the National Cabinet of State of Israel Bonds. In 2005, Ms. Savett received The Spirit of Jerusalem Medallion, the State of Israel Bonds’ highest honor.
Education
Ms. Savett earned her J.D. from the University of Pennsylvania Law School and a B.A. summa cum laude from the University of Pennsylvania. She is a member of Phi Beta Kappa.
Personal
Ms. Savett has three married children, four grandsons, and two granddaughters. She enjoys tennis, biking, physical training, travel, and collecting art, especially glass and sculpture.
From Judge Stewart Dalzell, of the U.S. District Court for the Eastern District of Pennsylvania, In re U.S. Bioscience Securities Litigation, Civil Action No. 92-0678, hearing held April 4, 1994 (E.D. Pa. 1994):
“The quality of lawyering on both sides, but I am going to stress now on the plaintiffs’ side, simply has not been exceeded in any case, and we have had some marvelous counsel appear before us and make superb arguments, but they really don’t come any better than Mrs. Savett, and the arguments we had on the motion to dismiss [Mrs. Savett argued the motion], both sides were fabulous, but plaintiffs’ counsel were as good as they come.”
From Judge David S. Doty, of the U.S. District Court for the District of Minnesota, In re Xcel Energy Sec. Deriv. “ERISA” Litig., 364 F. Supp. 2d 980, 992, 995-96 (D. Minn. 2005):
“…[A] just result without the assistance of a governmental investigation,” plaintiffs’ co-lead counsel Berger Montague “conducted themselves in an exemplary manner,” “consistently demonstrated considerable skill and cooperation to bring this matter to an amicable conclusion,” and “moved the case along expeditiously.”
From Judge Wayne R. Andersen, of the U.S. District Court for the Northern District of Illinois, In Re: Waste Management, Inc. Securities Litigation, Civil Action No. 97-C 7709 (N.D. Ill. 1999):
“…[Y]ou have acted the way lawyers at their best ought to act. And I have had a lot of cases…in 15 years now as a judge and I cannot recall a significant case where I felt people were better represented than they are here…I would say this has been the best representation that I have seen.”
From Judge Stewart Dalzell, of the U.S. District Court for the Eastern District of Pennsylvania, In re Rite Aid Inc. Sec. Litig., 269 F.Supp. 2d 603, 611 (E.D. Pa. 2003):
“This litigation presented layers of factual and legal complexity which assured that, absent a global settlement, these disputes would take on Dickensian dimensions…In short, it would be hard to equal the skill class counsel demonstrated here…[T]hey were at least eighteen months ahead of the United States Department of Justice in ferreting out the conduct that ultimately resulted in the write down of over $1.6 billion in previously reported Rite Aid earnings.”
From U.S. District Judge Michael M. Baylson, In Re: CIGNA Corp. Sec. Litig., 2007 U.S. Dist. LEXIS 51089, **17-18 (E.D. Pa. July 13, 2007):
“The Court is aware of the attests to the skill and efficiency of class counsel: they have been diligent in every respect, and their briefs and arguments before the Court were of the highest quality. The firm of Berger Montague took the lead in the Court proceedings; its attorneys were well prepared, articulate and persuasive.”
From U.S. District Judge, then Chief Judge William Young, In Re TJX Retail Security Breach Litig., 584 F.Supp. 2d 395, 399 n.5 (D.Mass 2008); In Re TJX, No. 07-cv-10162, Dict. #297 of 6:12 (D.Mass Sept. 27, 2007), transcript of preliminary approval hearing, who praised the result as an “excellent settlement” containing “innovative” and “groundbreaking elements.”
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Law School
University of Pennsylvania Law School, J.D., 1973
Undergraduate
University of Pennsylvania, summa cum laude with distinction in English Literature, 1970, Phi Beta Kappa