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62.

Under the terms of the Bristol Myers Monopril Market Share Agreement, Bristol

Myers gave Omnicare undisclosed rebates, also known as "market share" or "switching"

payments. These price concessions and payments were specifically tied to Omnicare's ability to

generate new sales and refills of Monopril. In exchange for these payments, Omnicare made

Monopril a "preferred" medication.

63.

Bristol Myers' executives during the time period of the Monopril scheme and

conspiracy included Robert W. McBrier, then-Vice President for Institutional Sales, Thomas

Libassi, Matthew Kryczko, Jackly Bryon, John E. Hanson, Maryann Giorgianni, Leslie T.

Hirsch, Director of Managed Care Operations, Frances E. Hamer, John V. Mollica, and Sandra

  • E.

    Pittman.

    • B.

      LISITZA LEARNS OF THE FIRST ILLEGAL MARKET SHARE AGREEMENT BETWEEN BRISTOL MYERS AND OMNICARE

      • 64.

        Lisitza was employed by Jacobs HealthCare ("Jacobs") hetween 1992 and 2001,

mainly working as a pharmacy supervisor overseeing several pharmacists who filled orders for

Jacohs' long-term care facility clients. In 1995, Jacobs was acquired hy Omnicare. Lisitza

remained a pharmacy supervisor at Omnicare until May 2001, during which time he gained

direct, non-public, and independent knowledge of the frauds alleged herein.

65.

Plaintiff Lisitza's Omnicare Supervisor was Carl Skrabash.

Skrabash served as

Chief Executive Officer of two Omnicare facilities in northern Illinois, Jacobs and Lawrence

Weber. In early 1998, Skrabash informed Lisitza that Omnicare and Bristol Myers had reached

an agreement whereby Bristol Myers would pay Omnicare a $25 "market share payment" for

every patient's ACE inhibitor prescription Omnicare could switch from another manufacturer's

ACE inhibitor to Monopril, Bristol Myers' ACE inhibitor. For every refill of the switched-to-

Monopril

prescription,

Bristol

Myers

would

pay

$12.

Since

ACE

inhibitors

are

generally

17

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