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Bank of America, $95 million

U.S. ex rel. Szymoniak v. Bank of America, et al.,
District of South Carolina / Western District of North Carolina.

Firm attorneys played a role in a False Claims Act recovery from mortgage servicer Bank of America on behalf of the government. Bank of America and several other major banks paid a total of $95 million to resolve allegations that they had regularly submitted fraudulent mortgage assignments when filing for Federal Housing Administration mortgage insurance. Our lawyers and the whistleblower collaborated with almost half a dozen U.S. Attorney’s Offices to reach the windfall recovery for the government.

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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.

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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.

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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.

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