Of the $2.3 billion settlement, $1.3 billion is a criminal fine and forfeiture related to the fraudulent off-label marketing of Bextra. This $1.3 billion criminal fine is the largest ever imposed in the U.S.
A total of $1 billion will be paid to settle civil False Claims Act liabilities involving the following drugs:
- Bextra (an anti-inflammatory drug)
- Geodon (an anti-psychotic drug)
- Lipitor (a cholesterol drug)
- Norvasc (anti-hypertensive drug)
- Viagra (erectile dysfunction)
- Zithromax (antibiotic)
- Zyrtec (antihistamine)
- Zyvox (an antibiotic)
- Lyrica (an anti-epileptic drug)
- Relpax (anti-migraine drug)
- Celebrex (anti-inflammatory drug)
- Depo-provera (birth control)
Of the $1 billion paid to settle False Claims Act claims, $668,514,830 will go to the Federal Government, and $331,485,170 will go to the states.
A total of six whistleblowers and their attorneys will receive payments totaling more than $102 million from the federal share of the civil recovery, with additional money to flow as a result of parallel False Claims Act cases filed at the state level.
Whistleblower John Kopchinski brought off-label marketing allegations regarding Bextra, and his case represents $1.8 billion of the total. Mr. Kopchinski was represented by Washington Attorney Erika Kelton of the law firm of Phillips and Cohen, and his relator's share under the federal FCA is $51.5 million.
Whistleblower Dr. Stefan Kruszewsi brought allegations regarding the off-label marketing of Geodon. Dr. Kruszewski was represented by Pennsylvania attorneys Brian Kenney and Tavy Deming of the law firm of Kenney, Egan McCafferty & Young and and W. Scott Simmer and Thomas J. Poulin of Blank Rome.
Whistleblower Glenn DeMott brought off-label and kickabck allegations regarding Geodon, Lyrica, Relpax, Celebrex, Bextra, and Depo-provera. Mr. DeMott was represented by Grant & Eisenhofer attorneys Reuben Guttman, John Kairis, and Traci Buschner, as well as Ann Lugbill, Michael Anderson, and Mark Hanna of Murphy Anderson.
Whistleblower Blair Collins brought kickback allegations regarding Lipitor, Norvasc, Viagra, Zithromax, and Zyrtec to the U.S. Government's attention. Mr. Collins was represented by Boston attorneys Suzanne E. Durrell, Robert M. Thomas, Jr. and Rory Delaney.
Whistleblower Ronald Rainero brought off-label allegations regarding Zyvox. Mr. Rainero was represented by Philadelphia attorneys Stephen A. Sheller, James J. Pepper, and Brian J. McCormick of Sheller P.C. as well as the law firm of Kenney, Egan McCafferty & Young.
Pfizer is not yet out of the woods as far as the False Claims Act is concerned. Earlier this year, the U.S. Government joined a case against Wyeth involving kickbacks and pricing violations in the sale of Protonix, an acid reflux drug. Pfizer acquired Wyeth in August, and now owns that potential liability. n