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prescribed for a long period of time, switching a patient from another manufacturer's ACE

inhibitor to Monopril in exchange for ongoing kickbacks was a significant economic incentive

for Omnicare.

66.

While Bristol Myers and Omnicare may have attempted to disguise their bribes as

"rebates" or "discounts," Omnicare communicated the unvamished truth to the employees

implementing the switches. Manufacturers were paying a bounty for each switch.

67.

Bristol Myers' representatives often visited Omnicare locations for the purpose of

promoting the switches. Bristol Myers developed special materials targeted solely to Omnicare

pharmacists and physicians in Omnicare-serviced nursing homes to "educate" these audiences on

the importance of the switching program and on how to switch patients from other ACE

inhibitors to Monopril.

68.

Bristol Myers' marketing personnel met with Omnicare pharmacists before the

mass switching to Monopril, to educate pharmacists on how to make the switches. Relator

Lisitza was at such a meeting. Bristol Myers' marketing staff and Omnicare senior management

told Omnicare's front line phannacists and supervisors that the switches were good for the

patients and good for the payors. They claimed that the switches would be beneficial to patients

in Omnicare-serviced long-term care facilities, and would save the payors money - government

entities as well as private insurers.

69.

Bristol Myers also made marketing and pharmacy technical agents available to

Omnicare pharnlacists who needed subsequent technical assistance to switch patients from other

ACE inhibitors to Monopril.

18

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