Navigation Links
Johnson & Johnson To Pay $149 Million To Settle Omnicare Kickback Allegations

Philadelphia, Pennsylvania (PRWEB) November 04, 2013

The United States Department of Justice announced today that the New Jersey based pharmaceutical giant, Johnson & Johnson (“J&J”), has agreed to pay more than $2.2 billion in civil and criminal fines and penalties to settle allegations under the False Claims Act, $149 million of which is designated to a case brought by whistleblower Bernard Lisitza.

Mr. Lisitza, represented by Behn & Wyetzner, Chartered, and Kenney & McCafferty, P.C., filed his case, U.S. ex rel. Lisitza, et al. v. Johnson & Johnson, et al., in 2003 under the qui tam provisions of the False Claims Act (“FCA”) which enables private citizens to bring suit against government contractors who are alleged to be engaged in fraudulent activity. Lisitza, a pharmacist and former employee of Omnicare, Inc., the nation’s largest long-term care pharmacy, alleged that from 1999 through 2004, J&J participated in a “kickbacks for switches” scheme wherein the company induced Omnicare and its team of consultant pharmacists to purchase, promote, and switch patients from physician approved medications to J&J drugs including, most notably, the atypical antipsychotic drug Risperdal.    

Specifically, as detailed in the United States Complaint-in-Intervention, filed on January 15, 2010, in order to gain a competitive edge within therapeutic drug classes, J&J utilized “market share rebate” agreements, in addition to “grant” and sponsorship fees paid to Omnicare, to induce physicians to switch their nursing home patients to Risperdal from other atypical antipsychotics without regard for clinical appropriateness. Further, these inducements resulted in Omnicare consultant pharmacists engaging in “active intervention programs” wherein they would review patient charts and make recommendations to physicians about prescriptions, with a strong emphasis on J&J drugs. “J&J essentially bought their way onto Omnicare’s ‘preferred’ medications list and, as a result, turned the focus away from the best interest of the patient and towards lining corporate coffers” said Brian Kenney, founding partner of Kenney & McCafferty, P.C. “The targeting of nursing home clients, one of the most vulnerable patient populations, makes J&J’s actions particularly troubling, and Mr. Lisitza should be commended for stepping forward to bring this deeply entrenched scheme to the surface and for his commitment to a case spanning nearly a decade” Kenney continued.

Pursuant to the terms of the Settlement Agreement, J&J will pay $149 million to the United States to resolve the contentions that J&J’s kickbacks to Omnicare resulted in the submission of false claims, approximately $17 million of which is to be paid to the five intervening states, California, Indiana, Kentucky, Massachusetts, and Virginia.

The federal civil investigation was conducted by the U.S. Attorney’s Office for the District of Massachusetts under the direction of United States Attorney Carmen Ortiz, Assistants George B. Henderson, II and Gregg Shapiro, and U.S. Department of Justice Civil Fraud Attorneys Laurie Oberembt, Daniel Anderson and Patrick Klein.

Case Caption: United States ex rel. Lisitza and Kammerer, et al. v. Johnson & Johnson, et al.
Civ. No.: 07-10288, 05-11518 (D. Mass)

About Kenney & McCafferty, P.C.:
Kenney & McCafferty, P.C. is one of the most successful national law firms specializing in representing qui tam, tax and SEC whistleblowers. Kenney & McCafferty’s efforts have resulted in the recovery of more than $5 billion civil and criminal fines for the federal and state governments, resulting in the payment of hundreds of millions of dollars in whistleblower rewards. Our attorneys have consistently received the highest rankings in Martindale Hubbell and been recognized as Philadelphia Superlawyers. Inquiries may be directed to Brian Kenney at (215) 367-4333, e-mail

Additional information about the firm is available at

Read the full story at

Source: PRWeb
Copyright©2012 Vocus, Inc.
All rights reserved

Related medicine news :

1. Johnson Comments on the Arrest of Happy Gilmore Villain
2. Hosted by Jimmy Johnson, "Leading Edge" Will Discuss the Importance of Disaster Preparedness
3. “Leading Edge” Series, Hosted by Jimmy Johnson, Produces a Look on Sustainable Fishing Practices
4. Olrick Johnson, NFL Player, Singer-Songwriter, Actor and AMTC Grad, Released Hit Song Locker Room
5. Let's Help Children Read - A New Vision of Reading Readiness Through Developmental Movement from Katie Johnson, Author of Red Flags for Primary Teachers
6. Johnson Health Tech Releases the Johnson Wellness Massage Chair Line
7. “Leading Edge” Hosted by Jimmy Johnson Informs the Audience on the Dangers of Overexposure to the Sun
8. Inner Balance Wellness is Rebranding itself Johnson Wellness and is Doing So by launching Its Last Two Premium Massage Chairs in Its New Line, the J5800 and J6800
9. Inner Balance Wellness is Rebranding Itself Johnson Wellness and is Doing So With a New Premium Massage Chair Line Beginning With Its J5600 3D Massage Chair
10. “Leading Edge” Hosted by Jimmy Johnson Features New Programming on a Painful Debilitating Disease: Rheumatoid Arthritis
11. Johnson Comments on Escobar Sentence After Killing 10-Month-Old Daughter
Post Your Comments:
(Date:6/26/2016)... ... June 27, 2016 , ... Quality metrics are proliferating in ... ways they remain in the eye of the beholder, according to experts who offered ... The American Journal of Managed Care. For the full issue, click here . ...
(Date:6/26/2016)... Charlotte, NC (PRWEB) , ... June 26, 2016 , ... Brent Kasmer, a legally blind ... able to be personalized through a fitness app. The fitness app plans to fix the ... solutions currently only offer a one size fits all type program , They ...
(Date:6/25/2016)... ... ... of Bruton Memorial Library on June 21 due to a possible lice infestation, as reported ... head lice: the parasite’s ability to live away from a human host, and to infest ... in the event that lice have simply gotten out of control. , As lice are ...
(Date:6/25/2016)... City, Oklahoma (PRWEB) , ... June 25, 2016 ... ... helping both athletes and non-athletes recover from injury. Recently, he has implemented orthobiologic ... the Oklahoma City area —Johnson is one of the first doctors to perform ...
(Date:6/24/2016)... ... ... Those who have experienced traumatic events may suffer from a complex set ... drug or alcohol abuse, as a coping mechanism. To avoid this pain and suffering, ... traumatic event. , Trauma sufferers tend to feel a range of emotions, from depression, ...
Breaking Medicine News(10 mins):
(Date:6/24/2016)... , June 24, 2016  Global Blood Therapeutics, ... company developing novel therapeutics for the treatment of ... announced the closing of its previously announced underwritten ... at the public offering price of $18.75 per ... were offered by GBT. GBT estimates net proceeds ...
(Date:6/24/2016)... June 24, 2016 Dehaier Medical Systems Ltd. ... which develops, markets and sells medical devices and wearable ... signed a strategic cooperation agreement with Hongyuan Supply Chain ... Chain") on June 20, 2016, to develop Dehaier,s new ... cooperation agreement, Dehaier will leverage Hongyuan Supply Chain,s sales ...
(Date:6/24/2016)... NAMUR , Belgium , ...  (NYSE MKT: VNRX), today announced the appointment of ... Board of Directors as a Non-Executive Director, effective ... the Company,s Audit, Compensation and Nominations and Governance ... Board, Dr. Futcher will provide independent expertise and ...
Breaking Medicine Technology: