by The Law Offices of Jason S. Coomer, PLLC

Drug Representative Medicare Fraud Qui Tam Whistleblower Lawsuits, Pharmaceutical Representative Medicare Fraud False Claims Act Lawsuits, and Drug Representative Medicare Fraud False Claims Act Protections (Texas Drug Representative Whistleblower Medicare Fraud False Claims Act Lawyer Jason S. Coomer)

If you are a drug representative, pharmaceutical marketing executive, medical device sale representative, or other marketing executive that is aware of Medicare Marketing Fraud, it is important that you step up and blow the whistle on Medicare Marketing Fraud that is costing the United States Billions of dollars each year.  For information on this topic feel free to contact Medicare Marketing Fraud Lawyer, Jason Coomer via e-mail message or use our submission form. 

Pharmaceutical Representative Whistleblower Lawsuits, Medical Device Representative Whistleblower Lawsuits, Drug Marketing Executive Whistleblower Lawsuits, and Medicare Marketing Fraud Lawsuits

Pharmaceutical representative whistleblowers, medical device sales representative whistleblowers, and drug marketing executive whistleblowers are stepping up and exposing Medicare marketing fraud that is costing taxpayers billions.  The economic incentive for these pharmaceutical representative whistleblowers, medical device sale representative whistleblowers, and drug marketing executive whistleblowers is that if they are an original source with special knowledge of fraud and are the first to file, they receive a portion of the money that the government recovers.  Depending on the extent of the fraud, qui tam recoveries for the government can be in the billions of dollars and whistleblower recoveries can be in the hundreds of millions of dollars.

There are several keys to a successful False Claims Act Qui Tam Whistleblower action including 1) obtaining original and specialized information of the fraud, 2) being the first to file regarding the specific fraud, and 3) protecting the whistleblower for retaliation. 

Original and Specialized Information of Fraud is Essential for Pharmaceutical Representative Whistleblower Lawsuits, Medical Device Sales Representative Whistleblower Lawsuits, Drug Marketing Whistleblower Lawsuits, and Medicare Marketing Fraud Lawsuits

As insiders it is common for pharmaceutical representative whistleblowers, medical device sales representative whistleblowers, drug marketing representative whistleblowers, and other marketing executives to specialized knowledge of marketing fraud and fraudulent marketing schemes.  As such, it is important for the pharmaceutical representative whistleblower, medical device sales representative whistleblower, drug marketing representative whistleblower, or other marketing executive whistleblower to obtain and preserve evidence of the marketing fraud.  Whether this evidence is in e-mail messages, memos, marketing plans, marketing materials, recordings, or other documents, it is important for the whistleblower to have evidence of the marketing fraud.  It is also often helpful to have fellow whistleblowers that can help build the Medicare Fraud or Off-Label Marketing Fraud case.

Being the First to File on the Fraud is Essential for Recovery Under the False Claims Act and can Prevent Potential Criminal Liability in Pharmaceutical Representative Medicare Fraud, Medical Device Sales Representative Medicare Fraud, Drug Marketing Medicare Fraud, and other Medicare Marketing Fraud Lawsuits

It is also essential to not delay in coming forward with a False Claim Act Qui Tam Action as the first whistleblower to file is eligible to be a relator and make a large recovery for exposing the fraud.  Additionally, when the fraudulent scheme is exposed, the people that kept the fraud secret can sometimes be found liable for criminal activity for not exposing the fraud that was being committed and further be held liable for continuing criminal activity.

(d) AWARD TO QUI TAM PLAINTIFF

(1) If the Government proceeds with an action brought by a person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government [General] Accounting Office report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.

(2) If the Government does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.

Since amendments were made to the Federal False Claims Act in 1986, citizens that have filed suits on behalf of the federal government against government contractors that have participated in defrauding the government have regained over $12 Billion for taxpayers as well as have collected over $1 Billion in qui tam whistleblower awards. 

Pharmaceutical Representative Whistleblower Protection, Medical Device Sales Representative Whistleblower Protection, Drug Marketing Whistleblower Protection, and Medicare Marketing Fraud False Claims Act Whistleblower Protections

It is also important to understand potential whistleblower protections under the False Claims Act and to discuss with an attorney how to prepare for potential retaliation or aggressive attacks by the employer or contractor.  For more information on this topic please go to the following web page on False Claims Act Lawsuit Whistleblower Protections. 

Drug Representative Off Label Drug Marketing Medicare Fraud Lawyer, Pharmaceutical Representative Medicare Marketing Fraud Lawyer, and Pharmaceutical Representative Whistleblower Qui Tam Lawyer (Off Label Marketing and Pharmaceutical Whistleblower False Claims Act Law Suits)

Through Medicare Marketing Fraud Whistle Blower Lawsuits, Off Label Medicare Marketing Fraud Qui Tam Lawsuits, and other Medicare Health Care Fraud Lawsuits, hundreds of billions of dollars have been recovered from dishonest pharmaceutical companies, medical device companies, health insurance companies, health providers, individuals and organizations that have committed Medicare health care fraud and stolen large amounts of money from the government.

It is extremely important that pharmaceutical representative whistleblowers, medical device sales representative whistleblowers, and marketing executive whistleblowers continue to expose fraudulent marketing practices, billing practices, and unnecessary treatments that cost hundreds of billions of dollars.   Medicare Marketing Fraud Whistleblower Lawyer Jason Coomer works on Off Label Pharmaceutical False Claims Act Lawsuits and commonly works with other Pharmaceutical Medicare Marketing Fraud Whistleblower Lawyers, Medicare Medical Product Marketing Fraud Qui Tam Whistleblower Lawyers, and Medicare Health Care Fraud Whistleblower Lawyers. 

Health Care Billing Fraud Law Suits (Fraud Costs Tax Payers and Consumers Hundreds of Billions of Dollars)

Health Care Expenses in the United States have increased to be over Two Trillion ($2,000,000,000,000.00) Dollars each year.  This amount continues to rise as many unnecessary procedures and treatments are performed as well as unscrupulous health care provided fraudulently billing for medical services that are never performed committing billing fraud, insurance fraud, double billing, and other health care fraud that costs hundreds of billions of dollars. 

From a taxpayer stand point, health care fraud costs taxpayers between $60 billion and $100 billion each year.  This cost increases dramatically when you include other forms of health care fraud including insurance fraud and fraud on patients. 

Government Contractor Fraud Qui Tam Whistleblower Lawsuit Information (False Claims Act Whistleblower Qui Tam Action Information)

For more information on Medicare Fraud, Tricare Fraud, Medicaid Fraud, Defense Contractor Fraud, Off Label Fraud, Road Construction Fraud, and other types of False Claims Act Whistleblower Claims, please go to the Qui Tam, Whistleblower, and Federal Federal False Claims Act Information Center.

Off Label Marketing Fraud Law Suits, Pharmaceutical Marketing Fraud Lawsuits, Health Care Fraud Law Suits, and Pharmaceutical Whistleblower Qui Tam Law Suits

The Department of Justice has been cracking down on Fraud and False Claims including Medicare Fraud, Tricare Fraud, Nursing Home Fraud, Hospice Fraud, and other Health Care Fraud.  Below is an update on recent Department of Justice recoveries.  

Pfizer to pay record $2.3B penalty over promotions Repeat offender Pfizer paying record $2.3B settlement for illegal drug promotions By Devlin Barrett, Associated Press Writer On Wednesday September 2, 2009, 3:47 pm EDT

"WASHINGTON (AP) -- Federal prosecutors hit Pfizer Inc. with a record-breaking $2.3 billion in fines Wednesday and called the world's largest drug maker a repeating corporate cheat for illegal drug promotions that plied doctors with free golf, massages, and resort junkets."

Announcing the penalty as a warning to all drug manufacturers, Justice Department officials said the overall settlement is the largest ever paid by a drug company for alleged violations of federal drug rules, and the $1.2 billion criminal fine is the largest ever in any U.S. criminal case. The total includes $1 billion in civil penalties and a $100 million criminal forfeiture.

More Than $1 Billion Recovered by Justice Department in Fraud and False Claims in Fiscal Year 2008

WASHINGTON – The United States secured $1.34 billion in settlements and judgments in the fiscal year ending Sept. 30, 2008, pursuing allegations of fraud against the federal government, the Justice Department announced today. This brings total recoveries since 1986, when Congress substantially strengthened the civil False Claims Act, to more than $21 billion.

"Now, more than ever, it is crucial that taxpayer dollars aren't lost to fraud," said Gregory G. Katsas, Assistant Attorney General for the Department’s Civil Division. "The billion dollars collected this year is only part of the story. By rooting out fraud and vigorously pursuing it, the Department, with the help of concerned citizens who report fraud in hotline calls and in qui tam complaints, undoubtedly saves the country many times that amount in aborted schemes and misconduct."

Assistant Attorney General Katsas also paid tribute to Senator Charles Grassley of Iowa and Representative Howard L. Berman of California who sponsored the 1986 amendments to the False Claims Act, the government's primary weapon to fight government fraud. "Without this important legislation strengthening the Act and, in particular, the qui tam provisions which encourage private citizens to uncover government fraud, such recoveries would not have been possible."

Almost 78 percent of this year’s recoveries are associated with suits initiated by private citizens (known as "relators") under the False Claims Act's qui tam provisions. These provisions authorize relators to file suit on behalf of the United States against those who have falsely or fraudulently claimed federal funds. Such cases run the gamut of federally funded programs from Medicare and Medicaid to defense procurement contracts, disaster assistance loans and agricultural subsidies. Persons who knowingly make false claims for federal funds are liable for three times the government’s loss plus a civil penalty of $5,500 to $11,000 for each claim.

Relators recover 15 to 25 percent of the proceeds of a successful suit if the United States intervenes in the qui tam action, and up to 30 percent if the government declines and the relator pursues the action alone. In fiscal year 2008, relators were awarded $198 million. (This figure does not include relator shares awarded after Sept. 30, 2008.)

As in the last several years, health care accounted for the lion's share of fraud settlements and judgments–$1.12 billion. This number includes both qui tam claims and those initiated by the United States. The Department of Health and Human Services reaped the biggest recoveries, largely attributable to its Medicare program and the federal/state Medicaid program which funds health care for the needy. Recoveries were also made by the Office of Personnel Management which administers the Federal Employees Health Benefits Program, the Department of Defense for its TRICARE insurance program, the Department of Veterans Affairs and others.

The largest health care recoveries came from pharmaceutical companies and related entities. Settlements with Cephalon Inc., Merck & Co. and CVS Caremark Corp. accounted for more than $640 million. In addition to federal recoveries, these pharmaceutical fraud cases returned $430 million to state Medicaid programs.

The Civil Division’s investigation of the pharmaceutical industry is part of a Department-wide effort. Typical allegations include "off-label" marketing, which is the illegal promotion of drugs or devices that are billed to Medicare and other federal health care programs, for uses that were neither found safe and effective by the Food and Drug Administration nor supported by the medical literature; paying kickbacks to physicians, wholesalers and pharmacies to induce drug or device purchases; establishing inflated drug prices knowing that federal health care programs use these prices to reimburse providers, then marketing the "spread" between the federal reimbursement and the provider’s lower cost to induce drug purchases; and knowingly failing to report the company’s true "best price" for a drug to reduce rebates owed to the Medicaid program.

Lilly Pharmaceuticals - $438 million under the False Claims Act In January of 2009, Eli Lilly agreed to pay a total of $1.4 billion to resolve Federal, state and criminal charges in relation to the off-label marketing of the drug Zyprexa. Of this sum, $438 million went to satisfy Federal False Claims Act charges, $361 million was divided among the states, and $515 million was paid as a criminal fine.

Drug Marketing Fraud Law Suits, Price Fixing Qui Tam Lawsuits, Kickback Marketing Scam Lawsuits, Pharmaceutical Marketing Fraud Lawsuits, and Pharmaceutical Whistleblower Qui Tam Law Suits

Taketa-Abbott Pharmaceutical Pharmaceutical Products Inc. -- $559,483,560 under the False Claims Act In October 2001, TAP Pharmaceutical Products Inc. agreed to pay $875 million to resolve criminal charges and civil liabilities in connection with fraudulent drug pricing and marketing of Lupron, a drug sold for the treatment of prostate cancer. Of this amount, $559,483,560 was recovered under the False Claims Act. In addition, TAP pled guilty to a conspiracy to violate the Prescription Drug Marketing Act and paid a $290 million criminal fine, the largest criminal fine ever in a health care fraud prosecution. Under the Lupron scheme, TAP gave doctors kickbacks by providing free samples with the knowledge that the physicians would bill Medicare and Medicaid $500 per dose. At the time the Lupron fraud was discovered, Lupron accounted for 10% of the money spent on prescription drugs under Medicare Part-A. As part of the settlement, TAP entered into what prosecutors called a "sweeping" corporate integrity agreement.

Schering Plough -- $255,000,000 under the False Claims Act In August of 2008, Schering-Plough agreed to pay a total of $435 million to resolve criminal charges and civil liabilities in connection with illegal sales and marketing programs for brain tumor medication Temodar, and Intron-A which is used in the treatment of bladder cancer and hepatitis C. The Schering settlement also covers best price violations related to Claritin RediTabs (an antihistamine), and K-Dur, which is used in the treatment of ulcers.

Serono-- $567,000,000 under the False Claims Act In October of 2005, Serono agreed to pay $704 million to settle a fraud case involving Serostim, a human growth hormone product used to fight AIDS-related wasting. The charges involved kickbacks to doctors for prescribing Serostim, kickbacks to specialist pharmacies for recommending Serostim, illegal off-label marketing of the drug, and non-FDA approved diagnosis equipment designed to spur more Serostim prescriptions. Serostim cost as much as $20,000 for a three-month regime. Of the total $704 million settlement, $567 million is earmarked to settle federal and state civil claims ($305 million federal), with $136.9 million paid as a related criminal fine.

Off Label Marketing Fraud Whistleblower Law Suits, Pharmaceutical Marketing Fraud Whistleblower Lawsuits, Health Care Fraud Whistleblower Law Suits, and other Federal False Claims Act Whistleblower Law Suits

If you are a drug marketing representative, drug marketing executive, medical device marketing representative, medical device marketing executive, medical doctor, or other pharmaceutical or medical device professional with original source knowledge of marketing fraud, it is important that you are the first to step forward to blow the whistle on the fraud.  If you are a pharmaceutical or medical device Medicare fraud whistleblower that is aware of fraudulent off label drug marketing practices, drug price fixing, drug kickbacks, or other Medicare fraud by a pharmaceutical marketing department, health care provider, or drug company, please step up to protect yourself from potential criminal liability as well as to save tax payers money and to potentially obtain a portion of any recovery made.  For more information on Medicare Marketing Whistleblower Qui Tam Lawsuits, feel free to contact Medicare Marketing Fraud Whistleblower Lawyer Jason Coomer via e-mail message or our submission form.