What is a Pharmaceutical fraud?
Fraud in the pharmaceutical industry usually utilizes methods to bypass the procedures and rules set by the U.S. Food and Drug Administration (FDA). Along with the FDA, other regulatory agencies also enforce strict requirements to maintain and ensure the safety and well-being of consumers. Unfortunately, it is no secret that big pharmaceutical companies are driven by greed. This not only causes the US Government and taxpayers billions of dollars each year, but puts the lives and health of the American public in danger.
Pharmaceutical companies have over the years developed methods to defraud the government by forming relations with unethical, immoral or uninformed medical professionals. Pharmaceutical companies commit fraud by persuading physicians to prescribe medication or medical equipment that are not FDA-approved or in compliance with governing regulations. If Government healthcare programs are then billed for the medication or equipment, then both the prescribing physician and the pharmaceutical company may be liable under the False Claims Act.
When a drug is prescribed for a use or purpose that has not been cleared by the FDA, that is called off-label use. Off-label use of drugs poses safety concerns, since the drug may not have been rigorously tested for that use. Federal law prohibits pharmaceutical companies from promoting unapproved, off-label uses that have not been demonstrated to be safe and effective. Despite this, many pharmaceutical companies resort to promoting off-label uses to increase revenue and market share.
If the pharmaceutical company induces or encourages off-label uses in their marketing or promotional materials or sales methods, that may give rise to a violation of the False Claims Act. Signs of unlawful off-label marketing include:
- Paying sales representatives a bonus based on volume of sales for off-label use
- Employing medical professionals to encourage other providers to adopt a drug for off-label use (also known as “white-coat marketing”)
- Paying kickbacks to physicians to prescribe drugs for off-label use
- Instructing providers on how to code their claims and document their medical records to support payment for off-label use
Kickbacks in pharma
Kickbacks in pharma shadow the Kickbacks in the healthcare space. Read about Kickback in Healthcare, here (insert link).
Kickback schemes in Pharma consist of illegal and unethical marketing of drugs to medical professionals such as financial incentives, “consulting trips to seminars” which are vacations for doctors and healthcare providers, networking opportunities and more benefits. The Federal Law strictly prohibits compensation of any kind in return for physicians and staff prescribing a certain drug.
Reporting Pharma Fraud in Healthcare the Right Way
Whistleblowers have over the years helped the government recover billions of dollars by reporting healthcare misconduct like fraudulent pharma schemes that violate FDA protocols, and thereby helped to protect patients, taxpayer dollars and the integrity of the healthcare system.
You as an insider witnessing healthcare abuse and waste in the form of kickbacks at a pharmaceutical company could help uncover those who undermine the system and put lives at risk. If you blow the whistle the right way, you can provide an important public service and win a whistleblower award that’s a percentage of the potentially millions of dollars recovered by the government. If you blow the whistle the wrong way, your case could be over before it begins. Contact us at Brown, LLC today to discuss your case confidentially at (877) 561- 0000.
100 Million Dollar Settlement Fund for Women Injured by a New Birth Control Product
Jason T. Brown was the first attorney in the country to file a battery of cases on behalf of women who sustained blood clots, such as deep vein thrombosis, pulmonary embolisms, strokes and death from a new Birth control Product. Jason T. Brown’s prior firm was on the PSC (Plaintiff Steering Committee) and served as liaison counsel in the state mass tort action. The firm is no longer accepting new cases.
Tens of Millions in Settlements for Mass Tort Injuries and Class Actions
$7 Million Plus Settlement for Consumer Fraud
$7 Million Dollar Commercial Litigation Settlement
Millions in Settlements for Women Injured by New Generation Hormonal Product
Women who sustained blood clots from a new Generation Hormonal Product received and continue to receive compensation for their injuries. Compensable injuries include Pulmonary Embolisms (PE), Deep-Vein Thrombosis (DVT), Strokes and Death. The firm is still investigating and accepting cases.
Nationwide $3.5 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of at home call center workers who were not paid for all their time worked including boot up time, technical time and other time. Workers were told by the company that boot up time which lasted 15 minutes or more was not paid because it was considered their commute to work. Fair Labor Standards Act (FLSA).
$3.2 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of workers who were misclassified as salaried exempt from overtime. The employer led employees to believe that they had to work unlimited hours over 40 without overtime compensation even though based on their job duties it was alleged they were entitled to overtime pay.
$2.4 Million Dollar Settlement for Wage & Hour Class Action
Lawsuit was brought as a class action on behalf of workers who worked in excess of 40 hours a week and were not paid overtime. The employer was forcing them to work “off the clock” for those hours and failed to pay proper overtime compensation.
$2 Million Dollar Settlement for False Claims Act (Whistleblower Case)
“$2 Million Dollar False Claims Act (FCA) Settlement – Unnecessary Services”
A case against GenomeDx was brought alleging violations of the False Claims Act (FCA) and the California Insurance Claims Fraud Prevention Act regarding unnecessary services such as the testing of tissues that did not need to be tested. The case resulted in a $350,000 whistleblower award.
$2 Million Dollar Settlement for Truck Accident Victim
Our firm was Of Counsel to a serious truck accident case involving a trucking accident with multiple injuries.
Nationwide $1.3 Million Judgment against Future Income Payments and Scott Kohn for Consumer Fraud
Scott Kohn and Future Income Payments conspired to defraud veterans out of their hard earned pensions by offering them loans at loanshark rates and claiming it was a “purchase” not a loan.
$1.7 Million Dollar Settlement for Wage & Hour Case
Misclassified employees under the FLSA were not paid overtime for hours worked in excess of 40. Due to a confidentiality agreement specific details are intentionally omitted.
Judgment with Maximum Damages for Employment Litigation
Judgment for misclassification under the FLSA including maximum damages under State and Federal Laws, plus an incentive fee for the lead plaintiff with attorney fees paid separately. The case involved a worker who was paid a day rate regardless of the amount of hours worked per day and per week.
Class Action Jury Trial
Workers alleged that they were misclassified according to their job duties. The Defendant claimed an administrative exemption under the FLSA and state law. Misclassification cases under the FLSA are the cases most often tried due to non-monetary considerations. Jury Trial lasted three weeks. Settlement offered in lieu of appeal.
Acquittal at Trial
Despite videotaped evidence that the prosecutor alleged incriminated the defendant, Mr. Brown was able to obtain an acquittal at trial for his client. Please note, that while we, the Brown, LLC will provide consultations in defense matters, the firm spends most of its time litigating complex litigation such as class actions, mass torts and catastrophic injuries.
Judgment with Maximum Damages for Wage & Hour Dispute
Wage & Hour dispute on behalf of hourly employees who were not paid time and a half for hours in excess of 40. Employees were granted double damages for all their time with attorney fees and costs paid separately.
Million Dollar Settlement for Wage & Hour Class Action Case
Workers were compelled to come into work 15 minutes early to set up, but were not paid for their set up time. Gap issues aside, workers received double damages for the time worked for 3 years’ worth of pay with attorney fees paid separately.
This is a non-exhaustive list of prior results and successes of Jason T. Brown and the Brown, LLC. Past results do not guarantee a similar outcome.
For more information about each award see Awards & Accolades – All cases involve Jason T. Brown and/ or Brown, LLC
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Results may vary depending on your particular facts and legal circumstances.