Whistleblower/False Claim Act

Experienced Bailey & Glasser litigators, working with a team that includes former federal prosecutors, have handled a range of False Claims Act qui tam cases on behalf of whistleblowers who have exposed fraud in government programs. Bailey & Glasser attorneys also represent whistleblowers under Dodd-Frank who have filed claims with the Securities and Exchange Commission or Commodity Futures Exchange Commission alleging securities or commodities fraud. Under Dodd-Frank, whistleblowers whose claims result in a recovery of over $1 million may potentially receive a percentage of the recovery. The illustrative cases below involved claims that drug companies billed government health care programs like Medicaid and Medicare for unapproved or non-covered drugs. Through these cases, the government has recovered more than $100 million in damages and criminal penalties, and the whistleblowers who brought this misconduct to light have been awarded between 15% and 25% of the civil damages obtained .

• United States ex rel. Constance Conrad v. Forest Pharmaceuticals, Inc., et al., Civil Action No. 02–11738–RZW (D. Mass.)($24.5 million paid to settle civil portion of qui tam claims that Forest sold unapproved thyroid drug);
• Conrad v. Schwarz Pharma Inc., Civil Action No. 02–11738–NG (D. Mass.) ($22 million settlement resolving civil portion of qui tam allegations that Schwarz and others submitted false quarterly reports to the government related to a pair of drugs);
• United States ex rel. Constance Conrad v. Eon Labs, Inc., Civil Action No. 02–11738–NG (D. Mass) ($3.48 million qui tam settlement resolving civil claims that Eon misrepresented the Medicaid eligibility of its oral nitroglycerin products);
• Stein, Stafford v. Schering-Plough Corp., Case No. 01-11923-MLW (D. Mass.) ($56 million paid to settle civil portion of qui tam claims that Schering-Plough
  marketed drugs off-label for uses that had not been approved by the Food & Drug Administration).

   

Lawyers

Gregory Y. Porter gporter@baileyglasser.com John Roddy jroddy@baileyglasser.com Elizabeth Ryan eryan@baileyglasser.com

Investigators/Consultants