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 […]

Long Island Radiologist to Pay Over $15 Million to Settle False Claims Act Allegations

Fraud in the healthcare industry is reaching alarming levels. Each year, the Department of Justice works in concert with several other federal agencies and state-level counterparts to combat this growing trend. The False Claims Act is extremely pivotal in bringing healthcare fraud to light. Given the widespread problem of fraud […]

False Claims Authorities Take Aim at Tennessee Mental Health Facility Caught Upcoding

One of the most common practices occurring within the context of healthcare fraud involves a process known as upcoding. When a doctor or nurse performs a medical service, that service corresponds to a universal set of codes used to prepare the patient’s bill. These codes are derived from a compilation […]

Teva Pharmaceuticals Reveals Potential False Claims Act Liability in FY 2013 Report

Teva Pharmaceuticals, an Israeli-based drug maker, is at the mercy of the U.S. Department of Justice after allegations of False Claims Act violations surfaced late last year. The company is highly-respected for its Multiple Sclerosis and Parkinson’s Disease drugs, but has unfortunately been met with a subpoena for records pertaining […]

Department of Justice to Intervene in Eight False Claims Act Lawsuits

For those who may be unfamiliar with the procedural jumpstart of a False Claims Act lawsuit, these cases are filed by an individual plaintiff who has firsthand, original knowledge of facts tending to suggest fraud. Plaintiffs are usually current or former employees, but can also be customers, clients, or patients […]