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
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
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
Defendant Manufacturers conspired with Omnicare to illegally switch patients'
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
schemes, the "switched-to" medications were often more expensive than the "switched-from"