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jonathan-perez-409943-copy-300x200 One of the most common types of healthcare fraud in violation of the False Claims Act (FCA) is pharmaceutical fraud. It is also one of the most highly reported types of healthcare fraud, with over $4.5 billion of financial penalties issued from qui tam lawsuits in 2012 alone. While whistleblowers are important to the healthcare industry in general, it is clear that their contribution to the pharmaceutical sector has been huge. If you suspect that you have witnessed pharmaceutical fraud, contact the qui tam attorneys at Willoughby Brod today to learn more about your options moving forward.

What is Pharmaceutical Fraud?

Pharmaceutical fraud involves illegal actions that pharmaceutical companies engage in that violate the FCA or CFCA and result in false claims to insurers and Medicare/Medicaid. There are several predominant types of pharmaceutical fraud, which are highlighted below.

Few decisions are as important as those regarding our health and the health of our loved ones. Decisions about medications, like many other health-related issues, involves a weighing of risks and benefits. With increased direct-to-consumer advertising and pressure on doctors from corporations, this calculus can be extremely hard. Americans must be able to trust that information released by pharmaceutical companies is accurate. In some cases, pharmaceutical company fraud can amount to a violation of the False Claims Act which means ordinary Americans have the power to fight back with the help of our health care fraud law firm.

Settlement in Suit Alleging Pharmaceutical Companies Misled Doctors and Others About Cancer Drug

On June 6, the Department of Justice (“DOJ”) announced that Genentech Inc. and OSI Pharmaceuticals LLC will collectively pay $67 million to settle allegations the companies made misleading statements about the drug Tarceva. A lawsuit filed under the False Claims Act alleged that, from 2006 through 2011, the companies made misleading representations to medical care providers about Tarceva’s ability to treat certain non-small cell lung cancers. In actuality, according to the DOJ, there was little evidence that Tarceva could treat these cancers unless a patient had never smoked or had a particular mutation in their epidermal growth factor receptor.

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Most Common Types of Pharmaceutical Fraud

Pharmaceutical Company Fraud and the False Claims Act