needed subsequent technical assistance to switch patients from other atypical antipsychotics to
authorizing blanket switches to Risperdal. Janssen's actions in furtherance of this conspiracy
Making false statements to Omnicare front line pharmacy personnel as to the reason for the switching. Janssen made false representations to Omnicare pharmacy staff, through materials prepared uniquely for Omnicare staff, through "kickoff' and other meetings designed to maximize the wholesale switching, and through making themselves available for technical consultations. These false representations included:
That the switch to Risperdal was financially advantageous to the government and private insurers, when this was almost never the case.
That Risperdal was clinically the most appropriate antipsychotic, when frequently this, too, was not the case.
Makingfalse statements to physicians as to the reasons for the switching. Janssen made its marketing personnel available at Omnicare-serviced nursing homes to work with Omnicare consultant pharmacists to convince physicians to sign PALs authorizing wholesale switches.
Failing to disclose kickbacks and other financial interests to physicians in helping
Omnicare solicit PALs. kickbacks to Omnicare medications.
Janssen did not disclose to for switching certain types
physicians that it of medications
was providing to "preferred"
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 Risperdal via illegal switching payments based in part on the success of the switching scheme.
Janssen knew, intended, or reasonably should have known and foreseen that the
Market Share Agreement would induce Omnicare to engage in unauthorized medication
substitution, replacing the independent medical jndgment of a patient's physician or psychiatrist
with that of Omnicare pharmacists, consulting pharmacists, and other Omnicare employees, by