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COUNT XXXIII New York False Claims Act

    • N.

      Y. St. Finance Law §187 et seq. (Against All Defendants)

  • 581.

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

582.

This Count is brought by Lisitza in the name of the State of New York under the

qui tam provisions of the New York False Claims Act, N.Y. St. Finance Law §187 et seq.

583.

Omnicare,

at

all

times

relevant

to

this

action,

sold

and

continues

to

sell

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

operated and continues to operate pharmacies in the State of New York.

584.

Bristol

Myers,

Janssen,

Ortho

McNeil,

and

Pfizer,

at

all

times

relevant

to

this

action, sold and continue to sell pharmaceuticals in the State ofNew York.

585.

At

all

times

relevant

and

material

to

this

Amended

Complaint,

the

Defendant

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

and

employees

of

the

federal

and

state

governments.

As

a

result,

the

federal

and

state

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 financial loss to the federal and state governments.

586.

By

virtue

of the

above-described

acts,

an10ng

others,

Defendant

Bristol

Myers

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,

directly or indirectly, to officers, employees, or agents of the State of New York, for Monopril,

Abilify, and other drugs.

124

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