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Qui tam cases against pharma companies for Medicare fraud and Medicaid fraud can involve kickbacks, off-label marketing and other improper practices

Phillips & Cohen has been very successful in qui tam cases against pharma companies. We have brought whistleblower cases against pharma companies for off-label marketing, kickback schemes and other Medicare and Medicaid fraud practices. Those whistleblower cases - such as our record-setting cases against GlaxoSmithKline and Pfizer Inc. -- have settled for huge sums and resulted in our clients getting hefty rewards.

Phillips & Cohen's top whistleblower cases against pharma companies:

  • GlaxoSmithKline paid $3 billion to settle a number of qui tam cases, including an off-label marketing case brought by Phillips & Cohen that resulted in the government recovering more than $1.5 billion out of the total settlement. It was the largest healthcare fraud settlement ever.
  • Pfizer paid $1.8 billion to settle a qui tam case and a related criminal fine involving the off-label marketing of Bextra, a prescription painkiller. Pfizer settled other whistleblower cases at the same time, pushing the total settlement to $2.3 billion.The Pfizer settlement set a record at the time as the largest healthcare fraud settlement and now is second only to the Glaxo settlement.
  • TAP Pharmaceuticals paid $875 million to settle a qui tam case we brought, a separate qui tam lawsuit and a related criminal charge involving illegal kickbacks to doctors.
  • Cephalon Inc paid $425 million to settle a criminal charge and qui tam lawsuits filed by Phillips & Cohen and two other whistleblowers involving the off-label marketing of Actiq, Gabitril and Provigil.

We also have had successful qui tam cases against other pharma companies such as Omnicare Inc., Alpharma Inc., Jazz Pharmaceuticals Inc. and Ortho-McNeil-Janssen Pharmaceuticals Inc.

Pharmaceutical companies may be liable under the False Claims Act for Medicare and Medicaid fraud in any case where the government loses money directly or indirectly. This would include practices such as:

Pharmacy benefits management companies also have come under increasing scrutiny as a result of qui tam lawsuits.

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