Joy P. Clairmont
Joy Clairmont is a shareholder in the Whistleblower, Qui Tam & False Claims Act Group at Berger Montague, which has recovered more than $3 billion for federal and state governments, as well as over $500 million for the firm’s whistleblower clients. Ms. Clairmont also has experience practicing in the area of securities fraud litigation.
Ms. Clairmont has been investigating and litigating whistleblower cases for over fifteen years and has successfully represented whistleblower clients in federal and state courts throughout the United States. On behalf of her whistleblower clients, Ms. Clairmont has pursued fraud cases involving a diverse array of companies: behavioral health facilities, a national retail pharmacy chain, a research institution, pharmaceutical manufacturers, skilled nursing facilities, a national dental chain, mortgage lenders, hospitals and medical device manufacturers.
Most notably, Ms. Clairmont has participated in several significant and groundbreaking cases involving fraudulent drug pricing:
- United States ex rel. Streck v. AstraZeneca, LP, et al., C.A. No. 08-5135 (E.D. Pa.): a Medicaid rebate fraud case which settled in 2015 for a total of $55.5 million against three pharmaceutical manufacturers, AstraZeneca, Cephalon, and Biogen. The case alleged that the defendants did not properly account for millions of dollars of payments to wholesalers for drug distribution and other services. As a result, the defendants underpaid the government in rebates owed under the Medicaid Drug Rebate Program.
- United States ex rel. Kieff and LaCorte v. Wyeth and Pfizer, Inc., Nos. 03-12366 and 06-11724-DPW (D. Mass.): a Medicaid rebate fraud case involving Wyeth’s acid-reflux drug, Protonix, which settled for $784.6 million in April 2016.
- “AWP” Cases: a series of cases in federal and state courts against many of the largest pharmaceutical manufacturers, including Bristol-Myers Squibb, Boehringer Ingelheim, and GlaxoSmithKline, for defrauding the government through false and inflated price reports for their drugs, which resulted in more than $2 billion in recoveries for the government.
Earlier in her career, Ms. Clairmont gained experience litigating securities fraud class actions including, most notably, In Re Sunbeam Securities Litigation, a class action which led to the recovery of over $142 million for the class of plaintiffs in 2002.
Ms. Clairmont graduated in 1995 with a B.A. cum laude from George Washington University and in 1998 with a J.D. from George Washington University Law School.
Prominent Judgments and Settlements
Some of the more significant cases in which Ms. Clairmont has been involved include:
- United States et al. ex rel. Lauren Kieff v. Wyeth Pharmaceuticals, Inc., Civil Action No. 03-CV-12366-DPW (D. Mass.).
- United States ex rel. Ven-a-Care of the Florida Keys Inc. v. Dey Laboratories, et al., Civil Action No. 05-11084 (D. Mass) ($280 Million settlement in December 2010).
- State of Florida v. Dey et al., Civil Action No. 98-3032A (Leon Cty., Fla.) ($15 million settlement – $6.5 million settlement with Dey; $8.5 million settlement with Roxane).
- United States v. AstraZeneca Pharmaceuticals, LP, Civil Action No. 06-231 (D. N.H.) ($124 million combined settlement with AstraZeneca, Mylan, UDL, and Ortho-McNeil).
- Unites States v. Bristol-Myers Squibb Co., Civil Action No. 95-1354 (S.D. Fla.) ($515 million global settlement against Bristol and its subsidiary Apothecon).
- State of Texas ex rel. Ven-A-Care of the Florida Keys Inc. v. Warrick Pharmaceuticals et al., Civil Action No. GV002327 (Travis Cty., Tex.) ($27 million settlement with Schering-Plough).
- In re Sunbeam Securities Litigation, Case No. 98-8258 (S.D. Fla.) ($142 million securities fraud settlement).
- In re Clarus Corp. Secur. Litig., 201 F. Supp. 2d 1244 (N.D. Ga. 2002).
In the News
- Whistleblower Defeats Motion to Dismiss in Lawsuit Alleging Defective Defibrillators
- Walgreens Pays $9.86 Million Resolving Whistleblower Claims Of Fraud Against California's Medi-Cal Program, Reports Berger Montague
- AstraZeneca, Cephalon, and Biogen Idec to Pay $55.5 Million to Resolve False Claims Act Allegations Made By Whistleblower Ronald Streck