Whistleblower Cases Under Federal and State FCAs

Whistleblower Cases Under Federal and State FCAs Settled with Prescription Drug Manufacturers as of September 30, 2004 [Source]

AstraZeneca
Settlement Date: 6/20/03
Product: Zoladex (prostate cancer)
Total Recovey: $355 million
Type of Alleged Fraud: Marketing the spread Concealment of “Best Price”
Whistleblower: Sales executive of competitor TAP Pharmaceuticals


Bayer I
Settlement Date: 1/23/01
Product: Kogenate, Koate-HP (hemophilia) Gamimune (immune deficiency)
Total Recovey: $14 million
Type of Alleged Fraud: Marketing the spread Concealment of “Best Price”
Whistleblower: Specialty pharmacy (same as Dey, Schering-Plough I)


Bayer II
Settlement Date: 4/16/03
Product: Adalat CC (blood pressure) Cipro (antibiotic)
Total Recovey: $257 million
Type of Alleged Fraud: Concealment of “Best Price”
Whistleblower: Bayer marketing executive


Dey*
Settlement Date: 6/11/03
Product: Albuterol Sulfate and Ipratropium Bromide (asthma inhalants)
Total Recovey: $18.5 million
Type of Alleged Fraud: Marketing the spread
Whistleblower: Independent pharmacy (same as Bayer, Schering-Plough I)


GlaxoSmithKline
Settlement Date: 4/16/03
Product: Paxil (anti-depressant) Flonase (nasal allegy spray)
Total Recovey: $88 million
Type of Alleged Fraud: Concealment of “Best Price”(derived from Bayer marketing executive allegations)
Whistleblower: (derived from Bayer marketing executive allegations)


Pfizer I
Settlement Date: 10/28/02
Product: Lipitor (cholesterol)
Total Recovey: $49 million
Type of Alleged Fraud: Concealment of “Best Price”
Whistleblower: National account manager for Pfizer subsidiary


Pfizer II
Settlement Date: 5/13/04
Product: Neurontin (anti-seizure for epilepsy)
Total Recovey: $430 million
Type of Alleged Fraud: Off-label marketing
Whistleblower: Medical liaison to physicians for Pfizer subsidiary


Schering-Plough I*
Settlement Date: 5/3/04
Product: Albuterol drugs (asthma inhalants)
Total Recovey: $27 million
Type of Alleged Fraud: Marketing the spread
Whistleblower: Specialty pharmacy (same as Bayer, Dey)


Schering-Plough II
Settlement Date: 7/29/04
Product: Claritin family of products (non-sedating antihistamines)
Total Recovey: $345 million
Type of Alleged Fraud: Concealment of “Best Price”
Whistleblower: Three employees at Schering-Plough subsidiary


TAP Pharmaceuticals
Settlement Date: 10/3/01
Product: Lupron (prostate cancer)
Total Recovey: $875 million
Type of Alleged Fraud: Marketing the spread. Concealment of “Best Price”
Whistleblower: HMO physician and TAP sales executive

*Settled under the False Claims Act and the Texas Medicaid Fraud Prevention Act

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