system was designed in such a way that it was unable to flag patients with a medical history
indicating that Accupril 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 Accupril Market
Share Agreement to Lisitza and instructed him about what he was required to do to accomplish
the financial objective of the Accupril Market Share Agreement.
thousands of prescriptions switched pursuant to the Accupri1 Market Share Agreement.
Omnicare and Pfizer were able to switch a substantial majority of Omnicare-serviced patients
from Monopril and other ACE inhibitors (for which physicians continued to write prescriptions)
dispensing phannacies, pharmacy benefit managers, and hospitals, to illegally gain market share
for Accupril in the ACE inhibitor market through illegal kickbacks-for-switches schemes similar
to the one effected with Omnicare. The specific circumstances alleged herein further evidence a
pattern of conduct designed to maximize profits through this scheme at every opportunity,
through various other drugs and other providers.
DEFENDANT MANUFACTURER ORTHO McNEIL AND OMNICARE ENTER INTO A MARKET SHARE AGREEMENT WITH RESPECT TO LEVAQUIN
After the completion of the Pfizer/Accnpril rollout, Defendant Manufacturer