October 2, 2024 News

Berger Montague Qui Tam Lawyers Receive The Anti-Fraud Coalition’s Whistleblower Lawyers of the Year Award

Executive Shareholder Sherrie Savett and Shareholders William Ellerbe, Joy Clairmont, and Michael Fantini received The Anti-Fraud Coalition’s Whistleblower Lawyers of the Year Award at the 2024 Anti-Fraud Coalition Conference. The event took place in Washington, D.C. September 25-27.

The lawyers were recognized “For Outstanding Advocacy and Success in Pursuing a Historic Declined False Claims Act Qui Tam Action.” Specifically, Berger Montague along with trial partner Reese Marketos received the award for their work on United States ex rel. Silver v. Omnivore, Inc., PharMerica Corp, et al. and United States et al. ex rel. Penelow v. Janssen Products, LP, both of which were cases the government declined that Berger Montague litigated for more than a decade.

United States ex rel. Silver v. Omnicare, Inc., PharMerica Corp, et al., No. 11-01326, settled for $100 million in July 2024. Mark Silver, the relator, alleged that PharMerica violated the Anti-Kickback Statute and False Claims Act by securing pharmacy services contracts with some Skilled Nursing Facilities by offering them below cost drug pricing for their Medicare Part A patients in order to obtain the right to service the Skilled Nursing Facilities’ much larger and profitable Medicare Part D and Medicaid patients. Altogether, PharMerica improperly received hundreds of millions of dollars from these contracts.

United States et al. ex rel. Penelow v. Janssen Products, LP resulted in a $150 million jury verdict in June 2024, which is currently among the largest False Claims Act judgments in history. The jury found Janssen liable for off-label promotion of Prezista and Intelence, two of its HIV/AIDS-treatment drugs. As part of their off-label marketing of these drugs, Janssen submitted 159,574 false claims for reimbursement to Medicare, Medicaid, and the AIDS Drug Assistance Program, therefore violating the federal False Claims Act and state False Claims Acts.

If you are a whistleblower seeking representation concerning a potential qui tam / whistleblower / False Claims Act case, please contact Berger Montague.

Meet The Team

[ View Bio ]

Executive Shareholder

[ View Bio ]

Shareholder

[ View Bio ]

Shareholder

[ View Bio ]

Shareholder

schedule a free consultation

"*" indicates required fields

First Name*

Last Name*

Email Address*

Phone Number*

Practice Area

City*

State*

Please describe your potential case or matter.**

By clicking SUBMIT you agree to our Terms of Use and Privacy Policy and you are providing express consent to receive communications from Berger Montague via calls, emails, and/or text messages.