In the
United States, the cost of health care continues to
increase creating significant problems for many
Americans and the United States Economy. A significant
cause of this increase in medical costs is healthcare
fraud including off label marketing of drugs and
medications, fraudulent billing practices, and other
forms of Health Care fraud.
If you are a pharmaceutical
whistleblower that is aware of fraudulent off label drug
marketing practices, illegal drug kickbacks, or price
fixing by a pharmaceutical marketing department or
pharmaceutical company, feel free to
contact Pharmaceutical Off Label Drug Marketing Fraud
Whistleblower Lawyer Jason Coomer via e-mail message
or our
submission form about a potential pharmaceutical
whistleblower, off label pharmaceutical marketing fraud,
or other pharmaceutical whistleblower qui tam lawsuit.
Health Care Fraud and
Pharmaceutical Off Label 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 pharmaceutical companies have made
large profits. One of the reasons that the
pharmaceutical companies are making such large profits
is that they have begun aggressive marketing campaigns
that not only promote drugs for the medication's
intended purpose, but aggressive push doctors to
prescribe drugs for off label purposes.
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.
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 Drug Marketing Fraud
Qui Tam Claim Lawyer, Pharmaceutical Marketing Fraud Qui
Tam Claim Lawyer, and Pharmaceutical Whistleblower Qui
Tam Lawyer (Off Label Marketing and Pharmaceutical
Whistleblower False Claims Act Law Suits)
Through Whistle Blower Lawsuits, Qui
Tam Lawsuits, and other Health Care Fraud Lawsuits,
hundreds of billions of dollars have been recovered from
dishonest pharmaceutical companies, health insurance
companies, health providers, individuals and
organizations that have committed health care fraud and
stolen large amounts of money from the government.
It is extremely important that
Whistle Blowers continue to expose fraudulent marketing
practices, billing practices and unnecessary treatments
that cost hundreds of billions of dollars. Off Label
Drug Marketing Fraud Lawyer Jason Coomer works on Off
Label Pharmaceutical False Claims Act Lawsuits and
commonly works with other Pharmaceutical Whistleblower
Lawyers, Qui Tam Whistleblower Lawyers, and Health Care
Fraud Whistleblower Lawyers.
If you are a pharmaceutical
whistleblower that is aware of fraudulent off label drug
marketing practices by a pharmaceutical marketing
department, feel free to
contact Pharmaceutical Off Label Drug Marketing Fraud
Whistleblower Lawyer Jason Coomer via e-mail message
or our
submission form about a potential pharmaceutical
whistleblower, off label pharmaceutical marketing fraud,
or other pharmaceutical whistleblower qui tam lawsuit.
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 aware of a large health
care company or individual that is defrauding the United
States Government out of millions or billions of
dollars, contact
Health Care Fraud lawyer Jason Coomer. As a
Texas Health Care Fraud Lawyer, he works with other
powerful qui tam lawyers that handle large Health Care
Government Fraud cases. He works with San Antonio
Health Care Fraud Lawyers, Dallas Health Care Fraud
Lawyers, Houston Medicare Fraud Lawyers, and other Texas
Health Care Fraud Lawyers as well as with Health Care
Fraud Lawyers throughout the nation to blow the whistle
on fraud that hurts the United States.
If you are a pharmaceutical
whistleblower that is aware of fraudulent off label drug
marketing practices, drug price fixing, drug kickbacks,
or other pharmaceutical fraud by a pharmaceutical
marketing department, health care provider, or drug
company, feel free to
contact Pharmaceutical Off Label Drug Marketing Fraud
Whistleblower Lawyer Jason Coomer via e-mail message
or our
submission form about a potential pharmaceutical
whistleblower, off label pharmaceutical marketing fraud,
or other pharmaceutical whistleblower qui tam lawsuit.