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.
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.
The amounts of the false or fraudulent claims to the State of California were
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
termination with Omnicare.
COUNT IX Delaware False Claims Act Del. Code Tit. VI. §1201 (Against All Defendants)
Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.
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,
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.