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498.

As a result of the claims for reimbursement defendants caused to be submitted to

Massachusetts Medicaid, which were certified compliant with federal and state Medicaid law

and regulation as a condition of payment by co-conspirator pharmacies, Massachusetts regularly

made payments to pharmacies for Defendant Manufacturers' illegally switched drugs.

499.

The

amounts

of

the

false

or

fraudulent

claims

to

the

Commonwealth

of

Massachusetts were material.

500.

Plaintiff Commonwealth 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 XXV Michigan Medicaid False Claims Act Mich, Compo Laws §400.601 et seq. (Against All Defendants)

  • 501.

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

  • 502.

    This Count is brought by Plaintiff Lisitza individually and in the name of the State

of Michigan under the qui tam provisions of the Michig311 False Claims Act, Mich. Compo Laws

§400.601 et seq.

503.

Omnicare,

at

all

times

relevant

to

this

action,

sold

and

continues

to

sell

pharmaceuticals in the State of Michig311. Omnicare, at all times relevant to this action, has

operated and continues to operate pharmacies in the State of Michigan.

504.

Bristol

Myers,

Janssen,

01iho

McNeil,

and

Pfizer,

at

all

times

relevant

to

this

action, sold and continue to sell pharmaceuticals in the State of Michigan.

505.

At

all

times

relevant

and

material

to

this

Amended

Complaint,

the

Defendant

110

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