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337.

By effectuating a similar PAL letter solicitation-for-kickback scheme, Janssen and

Omnicare conspired to defraud the State of California by submitting false claims and causing the

submission of false claims for Risperdal and other drugs.

338.

As a result of the claims for reimbursement defendants caused to be submitted to

California Medicaid, which were certified compliant with federal and state Medicaid law and

regulation as a condition of payment by co-conspirator pharmacies, California regularly made

payments to pharmacies for Defendant Manufacturers' illegally switched drugs.

339.

The amounts of the false or fraudulent claims to the State of California were

material.

340.

Plaintiff State of California, being unaware of the falsity of the claims andlor

statements caused to be made by the Defendant Manufacturers, and in reliance on the accuracy

thereof paid and may continue to pay for the Defendant Manufacturers' improperly switched

prescriptions.

All

unlawful

conduct

described

above

may

have

continued

after

Lisitza's

termination with Omnicare.

COUNT IX Delaware False Claims Act Del. Code Tit. VI. §1201 (Against All Defendants)

  • 341.

    Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.

  • 342.

    This Count is brought by Lisitza in the name of the State of Delaware under the

qui tam provisions of the Delaware False Claims and Reporting Act, Delaware Statute Title VI,

§1201.

343.

Omnicare,

at

all

times

relevant

to

this

action,

sold

and

continues

to

sell

pharmaceuticals in the State of Delaware. Omnicare, at all times relevant to this action, has

operated and continues to operate pharmacies in the State of Delaware.

83

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