Manufacturer could illegally boost its market share within a therapeutic class, were called
"Market Share Agreements" or "Reimbursement Agreements."
Relator Lisitza was forced to participate in a number of these schemes during his
tenure as a pharmacist and as a supervisor of other pharmacists at Omnicare.
Interchange" program IS
meant to facilitate legal, properly authorized switches between medications within a therapeutic
class for the sole purpose of benefiting patient health and wellbeing. See Omnicare website,
http://www.omnicare.com/geriatric.asp (emphasizing patient wellbeing and payor savings as the
reasons for Omnicare's use of therapeutic interchange.) However, by entering into a Market
Share Agreement with Omnicare, each Defendant Manufacturer co-opted this program and
facilitated Omnicare's mass switching, often to drugs that are more expensive for payors or to
Manufacturers bought their way onto Omnicare's "preferred" medication list, purely focusing on
maximizing profits with no thought to patient wellbeing or the impact the switches would have
on government and private insurance payors.
THE MARKET SHARE AGREEMENTS
Relator Lisitza first became aware of the kickbacks-for-switches schemes when
Bristol Myers entered into a Market Share Agreement with Omnicare for the promotion of
prescribed to treat high blood pressure and congestive heart failure. Competing drugs in this
therapeutic class include Capoten (captopril), Vasotec (enalapril), and Accupril (quinapril),