Wholesale switching to Abilify was often detrimental to patient care.
As noted in
the previous discussion of the RisperdallOmnicare Market Share Agreement, it can be even more
difficult and more threatening to patient care and wellbeing to switch stable patients from one
atypical antipsychotic to another than to effect switches within other therapeutic classes. Like
Risperdal, the efficacy and safety of Abilify in older patients suffering from schizophrenia is
unclear. Additionally, the Abilify package insert contains a black box warning stating that
Abilify increases risks of stroke and death to elderly patients compared to younger patients.
additional names, dates, times, and places relating to the negotiation and implementation of the
illegal Market Share Agreement is solely within the possession of Bristol Myers and Omnicare,
documents produced by Bristol Myers indicate the existence, implementation, and financial
impact of the Abilify Market Share Agreement
including dispensing pharmacies, pharmacy benefit managers, and hospitals, to illegally gain
market share for Abilify in the atypical antipsychotic 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 Bristol Myers designed to maximize profits through this
scheme at every opportunity, through various other drugs and other providers.
OMNICARE'S ELIGIBILITY FOR MEDICAID REIMBURSEMENT IS CONTINGENT UPON ITS ACTUAL AND CERTIFIED COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE REGULATIONS
Therefore, Omnicare facilities make millions of claims to the government, for at least tens of
millions of dollars annually, for the prescription drugs it purchases and distributes through its