who needed subsequent technical assistance to switch patients from other antibiotics to
physicians authorizing blanket switches to Levaquin. Oltho McNeil's actions in furtherance of
this conspiracy included:
Making jct/se statements to Omnicare
Font line pharmacy personnel as to the reason jor false representations to Omnicare pharmacy stall for Omnicare staff, through "kickoff' and other
designed to maximize the wholesale switching, and through making for technical consultations. These false representations included:
That the switch to Levaquin was financially advantageous to the government and
private insmers, when this was almost never the case.
Requiring Omnicare to develop computerized electronic capability to accurately track levels ofparticipation in the illegal PAL solicitation program by site and by prescribing clinician.
Rewarding Omnicare for the proportion of patients switched to Levaquin vIa illegal switching payments based in part on the success ofthe switching scheme.
that the Market Share Agreement would induce Omnicare to engage in unauthorized medication
substitution, replacing the independent medical judgment of a patient's physician with that of
That Levaquin was clinically the most appropriate antibiotic, when frequently this, too, was not the case.
Makingfalse statements to physicians as to the reasons for the switching. Oltho McNeil made its marketing personnel available at Omnicare-serviced nmsing homes to work with Omnicare consultant pharmacists to convince physicians to sign PALs authorizing wholesale switches.
Failing to disclose kickbacks and other jinancial interests to physicians in helping
Omnicare solicit PALs. providing kickbacks to "preferred" medications.
Ortho McNeil did not disclose Omnicare for switching certain
to physicians that it was types of medications to