Healthcare Fraud: it’s not just Medicare and Medicaid
Posted 10/17/18
Archive
Catch of the Week – AmerisourceBergen Corporation
Posted 10/12/18
What Would You Do? Disgrace and Conflicts in Medical Clinical Studies
Posted 09/18/18
Third Circuit Clarifies the Public Disclosure Bar in United States ex rel. Silver v. PharMerica
Posted 09/7/18
Whistleblower Marc Silver secured a victory from the Third Circuit on September 4, 2018, which held that his action was not blocked by the “public disclosure bar” of the False Claims Act, reversing a lower court that had dismissed his action. The Third Circuit’s opinion appropriately recognizes that a whistleblower can use non-public information as a bridge between public information and allegations of fraud,...
AstraZeneca Settles Seroquel False Claims Action -- Again
Posted 08/9/18
How Copayment Waivers can Give Rise to a Whistleblower Claim
Posted 06/8/18
What’s not to like about a doctor waiving a patient’s copayment, or a pharmaceutical company offering a prescription drug assistance program? Turns out there are plenty of reasons to be concerned about such activities. And, as a recently announced $24 million settlement with Pfizer illustrates, unlawful patient cost waivers can result in big liability for defendants.
Patient cost-sharing is a core principle...
Pfizer Agrees to Pay $23.85 Million to Resolve False Claims Act Liability for Paying Kickbacks
Posted 05/24/18
The Department of Justice today announced that Pfizer agreed to pay $23.85 million to resolve allegations that it used a foundation as a conduit to pay the copays of Medicare patients taking three Pfizer drugs. Medicare Part B or D beneficiaries typically make a partial payment when obtaining prescription drugs in the form of a copay, coinsurance, or deductible. Under the Anti-Kickback Statute, pharmaceutical...
Ex-Manager and CEO Convicted in $9.7 Million Valeant Kickback Scheme
Posted 05/23/18
By the C|C Whistleblower Lawyer Team
Yesterday, a federal jury in Manhattan convicted Gary Tanner, a midlevel executive at Valeant Pharmaceuticals International, and Andrew Davenport, the CEO of Philidor Rx Services, of conspiring to bring about Valeant’s purchase of Philidor in exchange for a $9.7 million kickback.
The scheme allegedly netted Davenport $40 million, and he kicked back a portion of it to...
Jazz Pharmaceuticals Sets Aside $57M to Settle DOJ Probe
Posted 05/9/18
Jazz Pharmaceuticals Plc disclosed yesterday it has reached a tentative agreement to pay $57 million to resolve a Justice Department probe over its donations to charities that reduce drug prices for Medicare patients. The company manufactures Xyrem, a costly drug used to treat narcolepsy.
Jazz had previously received multiple DOJ subpoenas concerning its charitable donations and announced the agreement in principle...
Supreme Court Considers Revisiting Key FCA Decision
Posted 04/17/18
By the C|C Whistleblower Lawyer Team
Yesterday, the justices asked the Trump Administration’s Office of the Solicitor General’s views on a petition for certiorari in United States ex rel. Campie v. Gilead Scis., a False Claims Act (FCA) suit against pharmaceutical giant Gilead Sciences. The suit, which was brought by two former Gilead employees turned whistleblowers, alleges the company made false statements...