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I.

INTRODUCTION

I.

This is a qui tam action by Plaintiff and Relator Bernard Lisitza ("Relator" or

"Lisitza"). individually, and on behalf of several governmental and private insurance company

entities.

Lisitza

is

a

former

employee

of

Omnicare,

Inc.

("Omnicare"),

the

nation's

largest

dispensing pharmacy for nursing homes and other extended care facilities. Omnicare is a major

provider of pharmaceuticals, notably for patients covered by governmental healthcare programs

including Medicaid. Lisitza worked for Omnicare as a pharmacist and a pharmacist supervisor.

In those roles, he was able to witness firsthand the scheme described in this Complaint. The

facts set forth are based on his personal observation, his investigation, and the investigation of

counsel.

2.

Defendants Bristol Myers Squibb Co., Johnson & Johnson, Janssen LP, Ortho

McNeil Pharmaceutical, Inc., and Pfizer, Inc. (collectively, "Defendant Manufacturers") are

companies engaged 111 the manufacturing, marketing, and selling of prescription drugs

nationwide.

3.

Defendant Manufacturers conspired with Omnicare to illegally switch patients'

medications

.

Physicians wrote prescriptions for particular medications that fight ailments

common to nursing homes - infections, stomach issues, high cholesterol, acid reflux, etc.

Omnicare would switch these medications to a similar medication made by the Defendant

Manufacturer

willing

to

pay

the

highest

illegal

kickback.

In

these

"kickbacks-for-switches"

schemes, the "switched-to" medications were often more expensive than the "switched-from"

medications.

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