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.
because of their high
primarily indicated for coronary heart disease prophylaxis, stroke reduction, and for patients who
had suffered one or more heart attacks.
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.
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.
"switched" prescriptions for Lipitor while employed by Omnicare. He also witnessed thousands
of prescriptions switched pursuant to the Lipitor Market Share Agreement.
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