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AG announces largest-ever health care fraud settlement

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Indiana will receive its largest-ever health care fraud settlement as part of a $2.2 billion agreement with Johnson & Johnson for illegal off-label marketing and kickbacks to promote Risperdal, Invega and other drugs, according to a statement from Indiana Attorney General Greg Zoeller.

The refunds are the result of whistleblower lawsuits initiated in Pennsylvania and Massachusetts and joined by Indiana, other states and the federal government. The settlement resolves claims that the company and related companies defrauded Medicare, Medicaid and other programs. Johnson & Johnson will plead guilty to a single count of drug misbranding.
 
In total, the Indiana Medicaid program will receive $16.9 million for its state share of the settlements – the largest amount Indiana has received in such a settlement in an illegal drug-marketing case, according to the AG’s office. Counting federal recovery specific to Indiana, the two settlements total $44.5 million in combined federal and state money for the Indiana Medicaid program, the largest such amount the program has received.

Risperdal is approved to treat symptoms in patients with mental disorders, such as schizophrenia and bipolar disorder. Invega replaced Risperdal when its patent expired. The lawsuits alleged J&J companies engaged in a pattern of illegal payment to doctors and long-term care pharmacies to induce them to promote Risperdal and other J&J drugs instead of less-expensive generic drugs for unapproved uses, such as for pediatric patients or elderly patients suffering from dementia.

The $16.9 million settlement boosts the attorney general’s state-level recovery of Medicaid funds through settlements of lawsuits against drug companies to nearly $54 million since January 2009, according to the statement.

More information about how whistleblowers can file qui tam lawsuits under the False Claims Act is available here.
 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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