Celgene Corporation, $280 million

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U.S. ex rel. Brown v. Celgene Corporation,
Central District of California.

GBB recovered $280 million in a non-intervened False Claims Act case against Celgene Corporation on the eve of trial. The Complaint alleged that Celgene unlawfully marketed its drugs Thalomid and Revlimid, including for unsafe and ineffective uses, and subverted independent judgment of medical professionals through false and misleading promotion. The Complaint also alleged that Celgene paid kickbacks to medical professionals to prescribe and recommend Celgene’s drugs in violation of the Anti-Kickback Statute. The settlement is the second largest in a non-intervened case brought under the False Claims Act.

Thought: My attorney is drafting a lawsuit, do I have to read it?

Whistleblower Concerns

Answer: Absolutely. The lawsuit encapsulates your claims. You should read the allegations and ask the attorney questions about what he or she has written. If you do not understand the words or the allegations, make sure that your attorney explains them to you. You should ask as many questions of your attorney that you need to ask so that you are comfortable.

Thought: If a False Claims case is filed and I am the whistleblower, will the press call me?

Whistleblower Concerns

Answer: This is a matter you should discuss with your attorney. However False Claims cases are filed under seal, meaning that the lawsuit will not be public or even disclosed to the defendant for many months. While the initial seal lasts 60 days, the government typically extends the seal. Once the seal is lifted, the case will be a matter of public record. It is wise to talk to your attorney about any concerns you have regarding the lifting of the seal.

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