Qui Tam or Whistleblower Lawsuits Involving Pharmaceutical Companies
Pharmaceutical companies may be liable under the False Claims Act for Medicare and Medicaid fraud in any case where a state or the federal government loses money, either directly or indirectly as a result of pharmaceutical fraud. Pharmaceutical companies have paid billions of dollars to the federal government and individual states as a result of False Claims Act lawsuits for pharmaceutical fraud (e.g., Medicare and Medicaid fraud) that were brought by whistleblowers.
Whistleblowers have brought qui tam cases against pharmaceutical companies for Medicare fraud and Medicaid fraud involving a variety of improper practices. Although there are too many practices to list, the more common types of fraudulent practices that have been found to violate the False Claims Act include the following:
- Kickbacks and Other Unlawful Financial Arrangements;
- Off-label Marketing;
- Misreporting the “Best Price” That Pharmaceutical Companies Report to Medicare;
- Overcharging for “340B” Program Drugs;
- Fraud By Pharmacy Benefit Management Companies; and
- False Statements and Omissions to the FDA.
If you have information showing that a pharmaceutical company or medical device manufacturer has committed fraud on the government, then you may be able to bring a qui tam/whistleblower lawsuit under the False Claims Act or similar state laws. Through the qui tam/whistleblower lawsuit, you can help the federal and state governments recover money that has been paid as a result of fraudulent conduct. As a reward for blowing the whistle, you can receive a share of the government’s recovery. A whistleblower who brings a successful qui tam lawsuit under the False Claims Act will receive between 15-30% of the amount that the government recovers.
If you are considering blowing the whistle on fraud committed by a pharmaceutical company or medical device manufacturer and want to talk to an attorney about your options, contact Michael S. Bigin or Laurence J. Hasson.