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that the Market Share Agreement would induce Ornnicare to engage in unauthorized medication

substitution, replacing the independent medical judgment of a patient's physician with that of

Omnicare pharmacists, consulting pharmacists, and other Omnicare employees, by changing

physicians' orders for specific painkillers to Ultram/Ultracel.

170.

Wholesale

switching

to

Ultram/Ultracet

was

often

detrimental

to

patient

care.

Ortho McNeil marketed UltrarniUltracet as nonaddictive, and thus ideal for patients with chronic

pain. However, UltrarnlUltracet was in fact addictive, leading to potentially severe withdrawal

symptoms.

171.

While

the

confidential

information

and

documentation

that

would

reveal

additional names, dates, times, and places relating to the negotiation and implementation of the

illegal Market Share Agreement is solely within the possession of Ortho McNeil and Omnicare,

documents produced by Ortho McNeil indicate the existence, implementation, and financial

impact of the Ultrarn/Ultraeet Market Share Agreement

172.

01iho

McNeil

worked

with

other

entities

who

dispensed

pharmaceuticals,

including dispensing pharmacies, pharmacy benefit managers, and hospitals, to illegally gain

market share for UltramiUltracet in the painkiller market through illegal kickbacks-for-switches

schemes similar to the one effected with Omnicare. The specific circumstances alleged herein

evidence a pattern of conduct by Ortho McNeil designed to maximize profits through this

scheme at every opportunity, through various other drugs and other providers.

K.

DEFENDANT MANUFACTURER BRISTOL MYERS AND OMNICARE ENTER INTO A MARKET SHARE AGREEMENT WITH RESPECT TO ABILIFY

173

.

At the end of Omnicare's contract with Janssen with respect to Risperdal,

Defendant Manufacturer Bristol Myers entered into a Market Share Agreement with Omnicare

with respect to its atypical antipsychotic Ability (aripiprazole), which is prescribed for

47

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