New Jersey based pharmaceutical giant, Johnson & Johnson (“J&J”), agreed to pay more than $2.2 billion in civil and criminal fines and penalties to settle allegations under the False Claims Act, $149 million of which is designated to a case brought by whistleblower Bernard Lisitza.
Mr. Lisitza, a pharmacist and former employee of Omnicare, Inc., the nation’s largest long-term care pharmacy, alleged that from 1999 through 2004, J&J participated in a “kickbacks for switches” scheme wherein the company induced Omnicare and its team of consultant pharmacists to purchase, promote, and switch patients from physician approved medications to J&J drugs including, most notably, the atypical antipsychotic drug Risperdal.
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The devil is in the details with these cases, so to demonstrate that critical knowledge is key