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

save payors money.

167.

Ortho

McNeil

also

made

marketing

agents

available

to

Omnicare

pharmacists

who needed subsequent technical assistance to switch patients from Tylenol #3, Tylenol #4,

Darvocet, and vicodin to UltramlUltracet.

168.

Ortho

McNeil

also

worked

with

Omnicare

t o i l l e g a l l y s o l i c i t P A L s f r o m

physicians authorizing blanket switches to UltramlUltracet.

Ortho McNeil's actions in

furtherance of this conspiracy included:

Making false statements to Omnicarejront line pharmacy personnel as to the reason for

the switching.

Ortho McNeil made false representations

through

materials

prepared

uniquely

for

Omnicare

staff,

to Omnicare pharmacy through "kickoff' and

staff, other

meetings available

designed to maximize the wholesale switching, and through making for technical consultations. These false representations included:

themselves

  • o

    That the switch to UltramlUltracet was financially advantageous to the

government and private insurers, when this was almost never the case.

  • o

    That Ultram/Ultracet was clinically the most appropriate pain medication, when

frequently this, too, was not the case.

  • Makingfalse statements to physicians as to the reasonsfor the switching. Ortho McNeil made its marketing personnel available at Omnicare-serviced nursing homes to work with Omnicare consultant phan11acists to convince physicians to sign PALs authorizing wholesale switches.

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 UltramlUltracet via illegal switching payments based in part on the success of the switching scheme.

169.

Ortho

McNeil

knew,

intended,

or

reasonably

should have

known

and

foreseen

Failing to disclose kickbacks and other financial 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

46

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