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180.

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.

181.

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 Bristol Myers and Omnicare,

documents produced by Bristol Myers indicate the existence, implementation, and financial

impact of the Abilify Market Share Agreement

182.

Bristol

Myers

worked

with

other

entities

who

dispensed

pharmaceuticals,

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.

VI.

OMNICARE'S ELIGIBILITY FOR MEDICAID REIMBURSEMENT IS CONTINGENT UPON ITS ACTUAL AND CERTIFIED COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE REGULATIONS

183.

Omnicare-serviced

facilities

contain

thousands

of

Medicaid

beneficiaries.

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

50

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