Omnicare. The specific circumstances alleged herein evidence a pattern of conduct designed to
maximize profits at every opportunity at government and private insurers' expense. Defendant
Manufacturers effected the kickbacks-for-switches scheme with other pharmacies wherever it
was possible and profitable, costing the government and private insurance companies tens of
millions of dollars.
Plaintiff and Relator Lisitza is a citizen and resident of the State of Illinois. For
more than five years, Lisitza worked for Omnicare as a pharmacist and a pharmacy supervisor.
Lisitza brings this action on his own behalf, on behalf of the federal government pursuant to 31
U.S.C. §3730(b)(1), on behalf of the government of the State of Illinois pursuant to 740 ILCS
175/4(b)(1), and 740 ILCS 92/1 et seq., and on behalf of the states of California, Delaware,
Florida, Georgia, Hawaii, Indiana, Louisiana, Michigan, Nevada, New Hampshire, New Mexico,
New York, Tennessee, Texas, the Commonwealths of Massachusetts and Virginia, and the
Commonwealths, and the District of Columbia will be referred to throughout as "Plaintiff
States." Plaintiff States, the federal government, and Lisitza individually will be collectively
referred to as "Plaintiffs."
Defendant Bristol Myers Squibb, Inc. ("Bristol Myers") is a Delaware corporation
with its headquarters in New York, NY, and a principal research facility in New Brunswick, NJ,
within 100 miles of Philadelphia, PA. Bristol Myers sells its pharmaceutical products, including
Monopril and Abilify, in this District and nationwide. Monopril is the brand name of fosinopril
sodium, a member of a class of drugs known as angiotensin-converting enzyme inhibitors ("ACE