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COUNT XI District of Columbia False Claims Act

    • D.

      C. Code §2-30S.03 et seq. (Against All Defendants)

  • 361.

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

362.

This Count is brought by Lisitza in the name of the District of Columbia under the

qui tam provisious of D.C. Code §2-308.03 et seq.

363.

Omnicare,

at

all

times

relevant

to

this

action,

sold

and

continues

to

sell

pharmaceuticals in the District of Columbia. Omnicare, at all times relevant to this action, has

operated and continues to operate pharmacies in the District of Columbia.

364.

Bristol

Myers,

Janssen,

Ortho

McNeil,

and

Pfizer,

at

all

times

relevant

to

this

action, sold and continue to sell pharmaceuticals in the District of Columbia.

365.

At

all

times

relevant

and

material

to

this

Amended

Complaint,

the

Defendant

Manufacturers Bristol Myers, Janssen, Ortho McNeil and Pfizer knowingly caused false claims

for payment or approval, in the form of false cost information for their "preferred" medications

specified herein, as well as other medications manufactured by them, to be presented to officers

and

employees

of

the

federal

and

state

governments.

As

a

result,

the

federal

and

state

governments paid reimbursements for the Defendant Manufacturers' drugs to Omnicare and

other Medicaid provider pharmacies sums of money grossly in excess of the amounts

contemplated by law, resulting in great financial loss to the federal and state

366.

By

virtue

of the

above-described

acts,

among

others,

Defendant Bristol

Myers

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 District of Columbia, for Monopril,

Abilify, and other drugs.

87

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