Cases & Investigations
On December 17, 2009, Schering-Plough Corporation (now known as Merck & Co.) agreed to pay $21.3 million to settle qui tam allegations that it knowingly inflated the prices of its drugs, causing California’s Medicaid Program, Medi-Cal, to overpay millions of dollars in reimbursement.
The State of Florida recently settled a whistleblower case against three pharmaceutical manufacturers and their corporate affiliates. The case, which was originally filed by a whistleblower represented by Berger Montague’s Whistleblower/Qui Tam Group, involved allegations that Roxane Laboratories, Dey and Warrick Pharmaceuticals violated the Florida False Claims Act by reporting inflated prices for their drugs dispensed by pharmacies and other providers which were then reimbursed by the Florida Medicaid program (which provides prescription drug coverage for the poor and disabled).
Home healthcare is a wide range of healthcare services that can be given in your home for an illness or injury. Under Medicare, the United States pays for certain home health services rendered to Medicare beneficiaries who meet specific coverage requirements.
Nursing homes typically select a single institutional pharmacy – for example, Defendant Omnicare – to provide prescription drugs to all of that nursing home’s residents, regardless of each patient’s type of insurance (e.g., Medicare Part A, Medicaid, private insurance, etc.).
In a ruling on July 3, 2012, Judge Robreno denied Defendants’ Motion to Dismiss in part, allowing Plaintiff’s case to proceed against four pharmaceutical manufacturer Defendants (AstraZeneca, Biogen Idec, Cephalon and Genzyme).
Mr. Gale’s whistleblower complaint alleged a kickback scheme called “swapping,” asserting that Omnicare paid nursing home owners kickbacks in the form of heavily-discounted prescription drugs for Medicare Part A inpatients.
Berger Montague represented the whistleblower, Ven-A-Care of the Florida Keys, Inc., a small pharmacy from Key West, Florida. The case included allegations that Apothecon submitted false and inflated Average Wholesale Prices for a number of its oncology and generic drugs.
Berger Montague represented the whistleblower, Ven-A-Care of the Florida Keys, Inc., a small pharmacy from Key West, Florida. The case included allegations that Bristol submitted false and inflated Average Wholesale Prices for a number of its oncology and generic drugs.
In October 2009, the United States, through the U.S. Attorney’s Office in New Hampshire, recovered $124 million from four drug companies — Mylan Pharmaceuticals Inc., AstraZeneca Pharmaceuticals LP, UDL Laboratories Inc. and Ortho McNeil Pharmaceutical Inc. – for underpaying Medicaid, the joint federal-state program which provides prescription drug coverage to the poor and disabled.
In September 2007, Aventis Pharmaceuticals Inc. (now known as Sanofi-Aventis SA) paid $190 million to the United States, a number of states and the District of Columbia to settle a qui tam lawsuit alleging that the company caused false claims to be filed with Medicare and other federal health care programs in connection with fraudulent pricing and marketing of its drugs.