Amgen, $24.9 million

U.S. ex rel. Kurnik v. Amgen, Inc., et al.,
District of South Carolina.

Firm attorneys represented Relator Frank Kurnik, in a case where pharmaceutical giant Amgen was alleged to have paid kickbacks to long-term care pharmacies to place elderly patients in nursing homes across the nation on the company’s anemia drug, Aranesp, often without concern for the patient’s best interest or therapeutic appropriateness.  The drug, one of several Erythropoetin stimulating agents (ESAs) on the market, was developed to treat patients with severe anemia whose lives were endangered from receiving frequent blood transfusions.  Amgen entered into a $24.9 million settlement with the government to resolve these claims.

Pfizer (Rapamune), $257.4 million

U.S. ex rel. Sandler and Paris v. Wyeth Pharmaceuticals and Pfizer, Inc.,
Eastern District of Pennsylvania.

The firm’s attorneys served as lead counsel for two whistleblowers who alleged marketing abuses of Pfizer subsidiary Wyeth Pharmaceutical’s immunosuppressant drug Rapamune. After initially declining to participate in the case, the Justice Department ultimately intervened after being presented with the strength of the evidence uncovered by the Firm’s attorneys and their clients. The case culminated in a $257.4 million settlement, one of the largest False Claims Act recoveries for a single drug. The settlement agreement noted the broad scope of Wyeth’s alleged unlawful marketing of Rapamune, including the knowing promotion of Rapamune for uses that were not approved by U.S. Food and Drug Administration. The company also pled guilty to a violation of the Food Drug and Cosmetics Act and entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services.

GlaxoSmithKline, $1.04 billion

U.S. ex rel. Graydon v. GlaxoSmithKline,
District of Massachusetts.

Firm attorneys served as lead counsel for whistleblowers alleging that GlaxoSmithKline (GSK) engaged in illegal promotion of the company’s popular asthma and Chronic Obstructive Pulmonary Disease (COPD) medication, Advair. The case culminated in a $1.04 billion recovery for the federal and state governments.

Community Health Systems, $97 million

U.S. ex rel. Doghramji, et al. v. Community Health Systems Inc., et al.,
Middle District of Tennessee.

Firm attorneys represented three relators in a case alleging healthcare fraud by Tennessee-based company Community Health Systems, Inc. (“CHS”). The scheme to defraud the Medicare system jeopardized patients safety by unnecessarily hospitalizing patients and  preventing patients suffering from true emergencies from receiving  adequate care. CHS paid $97 million to resolve accusations that CHS emergency rooms in 120 hospitals systematically admitted patients not suffering from any emergency who should have been treated in an out-patient setting to capitalize on increased cost of reimbursement for emergency services and cheat federal and state insurance plans out of millions.

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