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Ortho-McNeil-Janssen Pharmaceuticals, Inc. Agrees to $75 Million Settlement for Topamax(R) False Claims Lawsuit
Date:4/29/2010

TROY, Mich., April 29 /PRNewswire/ -- Troy, Mich.-based law firm Frank, Haron, Weiner and Navarro, in conjunction with the United States Department of Justice, today announced a settlement in the amount of $75,370,000 for a lawsuit filed in 2003 against Raritan, N.J.-based pharmaceutical firm Ortho-McNeil-Janssen Pharmaceuticals, Inc. ("OMJPI"). The announcement was made by the Chair of the firm's False Claims Act practice David Haron and co-lead counsel Monica Navarro.

Filed in August, 2003 under the qui tam provisions of the federal False Claims Act (Title 31 United States Code, Section 3729) on behalf of Angela Maher and Anastasia (Stacey) Savka-Klovski, the lawsuit alleged that OMJPI acted improperly concerning the marketing, promotion and sale of the anticonvulsant drug Topamax®.  In December 2003, Dr. Gary R Spivack, represented by the Washington, D.C.-based law firm of Phillips & Cohen, filed a similar lawsuit.  The cases were consolidated and the settlement referenced here resolves both cases.

The settlement refers to government claims that OMJPI "illegally marketed Topamax® by, among other things, promoting the sale and use of Topamax® for a variety of psychiatric conditions other than those for which its use was approved by the Food and Drug Administration, (i.e. "off-label" uses)."  It also states that "certain of these uses were not medically-accepted indications for which State Medicaid programs provided coverage" and that as a result "OMJPI knowingly caused false or fraudulent claims for Topam
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SOURCE Frank, Haron, Weiner and Navarro
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