Advanced Care Scripts Inc., $1.4 million

Elizabeth Shofner, Justin Brooks Articles, Nancy Gertner Articles, Reuben Guttman Articles, Successes, Traci Buschner Articles

United States of America ex rel. Paul Nee v. Biogen, Inc., et. al. District of Massachusetts.

GBB attorneys settled this qui tam suit against Advanced Care Scripts and Biogen, one of the worlds’ largest pharmaceutical companies. The complaint, filed by a whistleblower under the False Claims Act, alleged that Defendants used charitable organizations in a kickback scheme to pay the Medicare copays for multiple sclerosis drugs Avonex and Tysabri. Medicare subsequently paid the claims for these drugs, which can cost as much $80,000 per patient per year. 

Read more: https://www.prnewswire.com/news-releases/pharma-giant-and-speciality-pharmacy-settle-case-alleging-false-claims-violations-301195541.html?tc=eml_cleartime

Biogen Inc., $22 million

Elizabeth Shofner, Justin Brooks Articles, Nancy Gertner Articles, Reuben Guttman Articles, Successes, Traci Buschner Articles

United States of America ex rel. Paul Nee v. Biogen, Inc., et. al. District of Massachusetts.

GBB attorneys settled this qui tam suit against Advanced Care Scripts and Biogen, one of the worlds’ largest pharmaceutical companies. The complaint, filed by a whistleblower under the False Claims Act, alleged that Defendants used charitable organizations in a kickback scheme to pay the Medicare copays for multiple sclerosis drugs Avonex and Tysabri. Medicare subsequently paid the claims for these drugs, which can cost as much $80,000 per patient per year. 

Read more: https://www.prnewswire.com/news-releases/pharma-giant-and-speciality-pharmacy-settle-case-alleging-false-claims-violations-301195541.html?tc=eml_cleartime

Geissler v. Sterling

Dr. Caroline Poplin Articles, Elizabeth Shofner, Nancy Gertner Articles, Paul Zwier Articles, Reuben Guttman Articles, Successes

District of South Carolina.

GBB lawyers contributed to this class action lawsuit, filed against the Department of Correction, alleging that South Carolina prisoners recieved inadequate testing and treatment for hepatitis C (HCV). The complaint accuses DOC director Bryan Sterling of “deliberate indifference” by neglecting to implement regular testing and effective treatment protocols, because it would have incurred a significant cost to the DOC budget. The original plaintiffs, three inmates in SC state prison, argued that the DOC had violated their 8th Amendment Rights by failing to provide proper treatment. Further, the South Carolina DOC written policy states that HCV is not tested for “except under limited circumstances,” which runs contrary to CDC guidelines.

Northwell Health, $12 million

Elizabeth Shofner, Justin Brooks Articles, Nancy Gertner Articles, Reuben Guttman Articles, Successes, Traci Buschner Articles

United States of America ex rel. George Markelson, et. al. v. David B. Samadi, M.D. and Northwell Health, Inc. et al.,
Southern District of Florida.

GBB attorneys represented one of three whistleblowers in a False Claims Act suit against NY health network Northwell Health, Inc. and it’s subsidiary Lenox Hill Hospital. Whistleblowers alleged that Northwell and hospital Urologist David B. Samadi billed Federal Medicare programs in violation of multiple laws or regulations. Among the accusations were that Samadi and Northwell billed for medically unnecessary procedures, billed for overlapping surgeries, and over-compensated Samadi as an illegal reward for hospital referrals. Whistleblowers also claimed that Samadi left endoscopic procedures to be completed or attended by unsupervised medical students so that he could complete or supervise another patient’s procedure. Defendant’s behavior led to the submission of false claims to Medicare and ultimately millions of dollars in fraudulent government payments.

Celgene Corporation, $280 million

Dan Guttman Articles, Dr. Caroline Poplin Articles, Elizabeth Shofner, Nancy Gertner Articles, Paul Zwier Articles, Reuben Guttman Articles, Successes, Traci Buschner Articles

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.

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