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127.

During

Lisitza's

tenure

at

Omnicare,

the

Omnicare

computer-based

pharmacy

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.

128.

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 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.

129.

Accordingly,

before

his

termination,

Lisitza

personally

filled

hundreds

of

"switched"

prescriptions

for

Accupril

while

employed

by

Omnicare.

He

also

witnessed

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)

to Accupril.

130.

Pfizer

worked

with

other

entities

who

dispensed

pharmaceuticals,

including

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.

H.

DEFENDANT MANUFACTURER ORTHO McNEIL AND OMNICARE ENTER INTO A MARKET SHARE AGREEMENT WITH RESPECT TO LEVAQUIN

131.

After the completion of the Pfizer/Accnpril rollout, Defendant Manufacturer

35

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