indirectly, to officers, employees, or agents of the State of Delaware, for Lipitor, Accupril, and
By virtue of the above-described acts, among others, Defendant Ortho McNeil
knowingly caused to be presented false or fraudulent claims for payment or approval, and
possibly continues to cause to be submitted false or fraudulent claims for payment or approval,
directly or indirectly, to officers, employees, or agents of the State of Delaware, for Levaquin,
Ultram/Ultracet, and other drugs.
As a result of the claims for reimbursement defendants caused to be submitted to
Delaware Medicaid, which were certified compliant with federal and state Medicaid law and
regulation as a condition of payment by co-conspirator phannacies, Delaware regularly made
payments to pharmacies for Defendant Manufacturers' illegally switched drugs.
The amounts of the false or fraudulent claims to the State of Delaware were
Plaintiff State of Delaware, being unaware of the falsity of the claims and/or
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' "preferred" drugs. All
unlawful conduct described above may have continued after Lisitza's termination with
COUNT X Conspiracy to Submit False Claims In Violation of the Delaware False Claims Act Del. Code Tit. VI. §1201(a)(3) (Against All Defendants)
Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.
By effectuating the PAL letter solicitation-for-kickback scheme detailed herein,