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492.

Plaintiff State of Massachusetts, being unaware of the falsity of the claims and/or

statements caused to be made by the Defendant Manufacturers, and in reliance on the accuracy

thereof paid and may continue to pay for the Defendant Manufacturers' improperly switched

prescriptions.

All

unlawful

conduct

described

above

may

have

continued

after

Lisitza's

termination with Omnicare.

COUNT XXIV Conspiracy to Submit False Claims in Violation of the Massachusetts False Claims Act Mass. Gen. Laws ch. 12 §5(B)(3) (Against All Defendants)

  • 493.

    Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.

  • 494.

    By effectuating the PAL letter solicitation-for-kickback scheme detailed herein,

Bristol Myers and Omnieare conspired to defraud the Commonwealth of Massachusetts by

submitting false claims and causing the submission of false claims for Monopril, Abilify, and

other drugs.

495.

By effectuating a similar PAL letter solicitation-for-kickback scheme, Pfizer and

Omnicare conspired to defraud the Commonwealth of Massachusetts by submitting false claims

and eausing the submission of false claims for Lipitor, Accupril, and other drugs.

496.

By

effectuating

a

similar

PAL

letter

solicitation-for-kickback

scheme,

Ortho

McNeil and Omnicare conspired to defraud the Commonwealth of Massachusetts by submitting

false claims and causing the submission of false claims for Levaquin, UltramfUltracet, and other

drugs.

497.

By effectuating a similar PAL letter solicitation-for-kickback scheme, Janssen and

Omnicare conspired to defraud the Commonwealth of Massachusetts by submitting false claims

and causing the submission of false claims for Risperdal and other drugs.

109

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