Category: Healthcare

DOJ Joins Whistleblower Suit Against Drug Manufacturer

On February 1, 2011, the U.S. Department of Justice filed a motion indicating its intent to join in a whistleblower suit against Abbott Laboratories, Inc. This False Claims Act case was brought by whistleblowers inside Abbott Laboratories and accuses the company and the subsidiary of legally promoting off-label uses of the seizure drug Depakote for which it was reimbursed by the federal government.

DOJ and HHS Announce Recoveries of $13 Billion in FCA Cases

In a January 24, 2011 letter to U.S. Senator Charles E. Grassley of Iowa, representatives from the U.S. Department of Health and Human Services (“HHS”) and the U.S. Department of Justice (“DOJ”) detailed their efforts in combating health care fraud.  The letter noted that Fiscal Year 2010 was a banner year during which 931 health care fraud defendants were charged,

TexTexas Drug Maker Ordered to Pay $170 Million for Fraud Against Medicare

On February 1, 2011, a jury in Travis County, Texas, returned a verdict against drug manufacturer Actavis Mid-Atlantic, LLC, based on allegations that it misrepresented drug prices to the federally-funded Medicaid program. The jury’s finding determined that Actavis and its co-defendant, Actavis Elizabeth, LLC, should pay the state of Texas and the federal government $170.3 million for its fraud against Medicaid.

New Health Care Fraud Program in the Works

The US Department of Health and Human Services (HHS) announced a new program targeting health care fraud called the FDA Pharmaceutical Fraud Pilot Program (PFPP).  PFPP was initiated in 2010 and has successfully recovered taxpayer money. Approximately $2.5 billion was attributed to violations of the False Claims Act.  PFPP has focused their attention to false marketing schemes,

Fire in the Hole – Cephalon Cited for Inappropriate Marketing, Use of Fire-Eaters as Entertainment

Cephalon was recently given a rebuke by the Association of British Pharmaceutical Industry (“ABPI”) for providing “inappropriate hospitality” to thirteen healthcare professionals during a convention in Lisbon, Portugal in 2009.  The ABPI reacted to an anonymous complaint filed by a perturbed Cephalon employee, who witnessed the company’s largesse in marketing its fentanyl products.

Glaxo Doubles Down on Avandia

Last week, pharmaceutical manufacturer GlaxoSmithKline announced that it would take a $3.4 billion charge to cover the legal fallout from investigations into its controversial Avandia diabetes pill.  In total, Glaxo has taken over $6 billion in charges to cover ongoing legal problems related to Avandia, which was banned in Europe last fall.

Seven Hospitals in Six States to Pay U.S. More Than $6.3 Million to Resolve False Claims Act Allegations Related to Kyphoplasty

Seven hospitals in Florida, Mississippi, Texas, South Carolina, North Carolina and Alabama have agreed to pay the United States a total of more than $6.3 million to settle allegations under the False Claims Act. Between 2000 and 2008 these hospitals performed kyphoplasty, a minimally invasive treatment for certain spinal fractures that is often performed on an outpatient basis.

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