Berger Montague’s Successful Whistleblower Cases
For almost two decades, Berger Montague’s Whistleblowers, Qui Tam & False Claims Act practice group has represented whistleblowers in matters involving healthcare fraud, defense contracting fraud, IRS fraud, securities fraud, and commodities fraud, helping to return more than $3 billion to federal and state governments.
In return, whistleblower clients retaining Berger Montague to represent them in state and federal courts have received more than $500 million in rewards. Generally speaking, whistleblowers receive between 15 – 30 percent of the amount recovered by the Government in a successful action.
Berger Montague’s Successful Cases Have Returned Billions of Dollars to the Government and Taxpayers
Some of Berger Montague’s most successful cases on behalf of their whistleblower clients include:
- United States ex rel. Gale v. Omnicare, Inc., Civil Action Number 1:10-cv-0127 (N.D. Ohio) and United States et al ex rel. Marc Silver v. Omnicare, Inc. et al., Civil Action Number 11-01326 (D.NJ): These two cases brought under the False Claims Act alleged that defendant Omnicare defrauded the government by providing kickbacks to nursing homes. The government declined to intervene in these cases, and Berger Montague and co-counsel litigated them to a successful conclusion. In 2015, the case settled for $120 million.
- United States ex rel. Streck v. AstraZeneca, LP, et al., Civil Action Number 08-5135 (E.D. Pa.): This was a Medicaid rebate fraud case which settled for a total of over $60 million against four pharmaceutical manufacturers (AstraZeneca, Cephalon, Biogen, and Genzyme). 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. The government declined to intervene, so Berger Montague and co-counsel litigated the case and achieved the settlement.
- United States ex rel. Kieff and LaCorte v. Wyeth and Pfizer, Inc., Civil Action Numbers 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. This was one of the largest healthcare fraud recoveries in 2016.
- “AWP” Cases: A series of cases in federal and state courts against many of the largest pharmaceutical manufacturers, including Abbott, 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.
Berger Montague’s History of Success
As these highlighted cases demonstrate, Berger Montague’s Whistleblower, Qui Tam & False Claims Act practice group has achieved exceptional results for our whistleblower clients. Our group is among the largest in the United States, and our firm has the resources to take on any corporate fraud. We have both the experience and the resources to successfully handle complex cases against the largest companies and achieve substantial recoveries for the government and taxpayers, as well as for our clients.
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