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lipid/cholesterol tests after commencing with the new drug. The statin drug switch therefore may

require the patient, and the federally-funded health plan or other payor, to incur costs associated

with lab tests and doctor visits that they would not have incurred but for Defendant Pfizer's

"rebate and switch" marketing plan.

Ill.

For

many

of the

nursing

home

patients

for

whom

a

statin

drug

was

indicated

because of their high

cholesterol,

Lipitor was

not the

"drug

of choice."

Other

statins were

primarily indicated for coronary heart disease prophylaxis, stroke reduction, and for patients who

had suffered one or more heart attacks.

112.

During

Lisitza's

tenure

at

Omnicare,

the

Omnicare

computer-based

pharmacy

system was designed in snch a way that it was unable to flag patients with a medical history

indicating that Lipitor was not a preferred medication.

113.

While

the

confidential

information

and

documentation

that

would

reveal

additional names, dates, times, and places relating to the negotiation and implementation of the

illegal Market Share Agreement is solely within the possession of Pfizer and Omnicare, Lisitza's

superiors conceded the existence, implementation, and financial impact of the Lipitor Market

Share Agreement to Lisitza and instructed him about what he was required to do to accomplish

the financial objective of the Lipitor Market Share Agreement.

114.

Accordingly,

before

his

termination,

Lisitza

personally

filled

hundreds

of

"switched" prescriptions for Lipitor while employed by Omnicare. He also witnessed thousands

of prescriptions switched pursuant to the Lipitor Market Share Agreement.

! 15.

Pfizer worked with other large entities who dispensed pharmaceuticals, including

dispensing pharmacies, pharmacy benefit managers, and hospitals, to illegally gain market share

for Lipitor in the statin market through illegal kickbacks-for-switches schemes similar to the one

31

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