False Claims Act Update & Alert

 
 

Taxpayers Against Fraud Education Fund | Washington, D.C. | WWW.TAF.ORG          
October 1, 2008

 
     
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Cephalon Pays $425 Million
Cephalon, a biotech company, has settled a massive off-label marketing case for $425 million.  The case involved off-label marketing of Actiq (a narcotic lollipop designed for pain control in cancer patients), Gabitril (an epilepsy medication) and Provigil (a narcolepsy medication).  Of the $425 million settlement, $50 million is a criminal fine and $375 million is to be paid as part of a civil settlement of Medicare and Medicaid claims under the False Claims Act.  The massive fraud was first brought to the government's attention by four whistleblowers, all of whom will share in the proceeds of the recovery. 

    As part of Cephalon's Corporate Integrity Agreement, the company will have to post on its website a searchable database of all physicians who acted as speakers or consulted for the company during 2009. Beginning the first quarter of 2011, Cephalon will have to name doctors
who receive any payments from the company during the previous calendar year and say (roughly) how much they received. 
4 Three press releases: 1, 2, 3
4
Settlement agreement (PDF)
4 Corporate integrity agreement
4
Plea agreement & sentencing
    

Unum SSDI Fraud Goes to Trial
Unum Group goes to trial for dumping tens of thousands of unqualified disability claims onto the Social Security system.  Under the  scheme, the company required claimants to file for Social Security disability insurance even if they didn't qualify, or else Unum would cut their benefits.  >> To read more

EPO Linked to Stroke Deaths
Procrit, the Johnson & Johnson-brand version of the anemia drug epoetin, appears to increase the chance of stroke.  No word yet on how that news might impact the settlement  of any False Claims Act cases dealing with kickbacks and/or off-label marketing of this drug. >> To read more

Walgre
ens to Pay $9.9 Million
Walgreens, the
national retail pharmacy chain, will pay the U.S. Government $9.9 million to settle an FCA case in which it is alleged the company billed Medicaid for drugs that should have been paid for by private insurance companies.  >> To read more

PEPFAR Drugs Halted
The
President's Emergency Plan for AIDS Relief (PEPFAR) has suspended funding for three antiretroviral drugs manufactured by Indian generic drug maker Ranbaxy and purchased by USAID.  German, British and Canadian agencies are investigating whether Ranbaxy drugs might have been adulterated. >> To read more