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 nati
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