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Parker Waichman LLP Applauds Whistleblower’s Efforts to Compel Recovery of $120M from Omnicare for Allegedly Defrauding Medicare
Date:10/24/2013

itted Mr. Gale to bring this case forward, as it allows private persons to file lawsuits on behalf of the government; such lawsuits are also known as “qui tam” actions.

According to the Bloomberg report, the case was unsealed in 2011 after the U.S. Attorney for the Northern District of Ohio decided not to intervene; Mr. Gale then proceeded without the assistance of the U.S. Department of Justice. This is why he is eligible for a larger percentage of the awarded amount, between 25% and 30% — up to $36 million — as per the False Claims Act. (The agreement between Omnicare and the government still requires the Justice Department’s approval, according to the Oct. 23 Bloomberg report.)

"This case is a potent example of how the False Claims Act was meant to work by inspiring Americans to fight fraud on behalf of their own government,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “These whistleblowers can also obtain millions of dollars for themselves and take satisfaction in knowing that they have ended a fraudulent scheme that would have cost taxpayers across the nation a lot more had it been permitted to continue.”

In recent years many pharmaceutical employees have come forward to report fraudulent billing, illegal marketing techniques and undisclosed drug side effects. These whistleblowers have helped the federal government recover billions of dollars obtained illegally by pharmaceutical and medical device companies. Whistleblowers also save the lives of countless prescription drug and medical device users who were previously unaware of the side effects of their device or prescription.

Anyone who possesses proof that a pharmaceutical or medical device company has engaged in some form of fraudulent activity against the federal government is encouraged to contact us. Please view our Qui Tam page or call 1-80
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