COUNT XXIII Massachusetts False Claims Act Mass. Gen. Laws ch. 12 §5(A) (Against All Defendants)
Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.
This Count is brought by Lisitza in the name of the Commonwealth of
Massachusetts under the qui tam provisions of the Massachusetts False Claims Act, Mass. Gen.
Laws ch.l2 §5(A).
pharmaceuticals in the Commonwealth of Massachusetts. Omnicare, at all times relevant to this
action, has operated and continues to operate pharmacies in the Commonwealth of
action, sold and continue to sell pharmaceuticals in the Commonwealth of Massachusetts.
Manufacturers Bristol Myers, Ortho McNeil, Janssen, and Pfizer knowingly caused false claims
for payment or approval, in the form of false cost information for their "preferred" medications
specified herein, as well as other medications manufactured by them, to be presented to officers
governments paid reimbursements for the Defendant Manufacturers' drugs to Omnicare and
other Medicaid provider pharmacies sums of money grossly in excess of the amounts
contemplated by law, resulting in great iinancialloss to the federal and state govermnents.
knowingly caused to be presented false or fraudulent claims for payment or approval, and
possibly continues to cause to be submitted false or fraudulent claims for payment or approval,