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147.

While

Lisitza was

working at Omnicare

and witnessing

the

various

rollouts

of

new Defendant Manufacturer/Omnicare illegal PAL solicitation/switching schemes, the

Janssen/Risperdal

rollout

stood

out.

A

PAL

rollout

was

planned

to

replace

atypical

antipsychotics, including Haldol, an inexpensive antipsychotic, as well as Zyprexa and Seroquel,

with Janssen's "preferred" Risperdal, a dramatically more expensive medication than Haldol for

payors. However, the Jacobs pharmacists balked because of the inherent difficulty of converting

dosages of drugs within this therapeutic class to functionally equivalent dosages of Risperdal.

148.

Omnicare's

clinical

pharmacists

outside

the

Jacobs

facility

ultimately

resolved

this problem and a Market Share Agreement between Janssen and Omnicare was implemented at

other Omnicare facilities nationwide whereby all prescriptions written for atypical antipsychotics

were switched to Risperdal.

149.

Janssen

representatives

often

visited

Omnicare

locations

for

the

purpose

of

promoting

the

switches.

Janssen

developed

special

materials

targeted

solely

to

Omnicare

pharmacists and physicians in Omnicare-serviced nursing homes to "educate" these audiences on

the importance of the switching program and on how to switch patients from other atypical

antipsychotics to Risperdal.

150.

Janssen

marketing

personnel

met

with

Omnicare

pharmacists

repeatedly

before

and during the attempted mass switching to Risperdal to educate pharmacists on how to make the

switches. Meetings were held with Omnicare staff where Janssen's marketing staff infomled

Omnicare's front line pharmacists and pharmacy supervisors that the switches were not only

going to be beneficial to patients in Omnicare-serviced long-term care facilities, but would save

payors money.

151.

Janssen also made marketing agents available to Omnicare pharmacists who

40

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