Arkansas Supreme Court Takes Different View of Risperdal Fraud Case

Late last year, the federal Department of Justice settled a long-running dispute with drug maker Johnson & Johnson over allegations of the off-label marketing of the anti-psychotic drug Risperdal. As is often the case, Johnson & Johnson also faced several state False Claims Act and Deceptive Trade Practices Act allegations, […]

Ohio-Area Memorial Hospital to Pay $8.5 Million for False Claims Act Violations

Memorial Hospital, located in Fremont, Ohio, is a non-profit organization allegedly involved in improper billing practices for services provided to Medicare and Medicaid patients. It has also recently resolved allegations under the Stark Law involving unlawful financial relationships with other entities in the medical field. All in all, Memorial has […]

Medicare Fraud Case Takes Aim at Unnecessary Prescriptions of Dangerous Drug Clozapine

In a case involving Teva Pharmaceuticals USA, LLC, the Department of Justice recently settled hundreds of allegations of Medicare and Medicaid fraud relating to the improper recommendation of the generic drug clozapine – considered a drug of last resort for the treatment of schizophrenia. According to allegations, Teva, through its […]

Pittsburgh-Area West Penn Allegheny Health System Settles False Claims Act Case

In a recent settlement involving the False Claims Act’s anti-kickback provisions and the federal Stark Law, Pittsburgh’s West Penn Allegheny Health System has agreed to pay $1.5 million to settle claims it engaged in an unlawful exchange of benefits with Pittsburgh-area doctors and facilities. The case was handled by the […]

Off-Label Marketing and the First Amendment: Are Pharmaceutical Companies Protected?

The issue of off-label marketing raises a compelling question as to the relationship between the First Amendment’s protection of free speech and the various federal regulations prohibiting the practice of unlawful marketing of prescription drugs. As a review, off-label marketing occurs when a pharmaceutical company markets its product for use […]