Litigation

Recent Posts

Stryker Subsidiary, Ex-CEO Plead Guilty, Pay $79 Million For Illegal Device Marketing
Posted on 9 Dec 2014 by Tom Moylan

NEWARK, N.J. — (Mealey’s) Stryker Corp. subsidiary OtisMed Corp. and the former OtisMed chief executive officer on Dec. 8 pleaded guilty to marketing the unapproved OtisKnee Orthopedic Cutting Guide medical device after the Food and Drug Administration... Read More

Synthes, Norian Plead Guilty, Will Pay $23.3M For Illegal Bone Cement Study
Posted on 5 Oct 2010 by Tom Moylan

PHILADELPHIA - (Mealey's) Synthes Inc. and subsidiary Norian Corp. have agreed to plead guilty to federal felony and misdemeanor counts of conducting illegal clinical studies of bone cement and will pay $23.3 million in fines, forfeiture and a civil... Read More

Scios To Plead Guilty, Pay $85 Million For Off-Label Marketing Of Natrecor
Posted on 15 Sep 2011 by Tom Moylan

SAN FRANCISCO -- The Scios Inc. subsidiary of Johnson & Johnson has agreed to plead guilty to a misdemeanor charge related to the off-label marketing of its Natrecor heart drug, to pay an $85 million fine and to serve three years' organizational... Read More

Boehringer Ingelheim Pays $95 Million To Settle Off-Label, Kickback Claims In Civil Suit
Posted on 27 Oct 2012 by Tom Moylan

BALTIMORE — Boehringer Ingelheim Pharmaceuticals Inc. will pay $95 million to the federal government to resolve civil allegations that it marketed three drugs for off-label uses, promoted high doses of two drugs and paid kickbacks to health care... Read More

Foley & Lardner Alert: Government's False Claims Act Complaint Against Major Financial Institution Alleges False Certifications Of Compliance With HUD Underwriting Rules
Posted on 23 May 2011 by Foley & Lardner LLP

On May 3, 2011, the U.S. Attorney for the Southern District of New York, Preet Bharara, filed a False Claims Act (FCA) suit against Deutsche Bank AG and its subsidiary, MortgageIT, Inc., for making allegedly false statements and certifications of compliance... Read More

U.S. Government Hits Bank Of America With $1 Billion Lawsuit Over Lending Program
Posted on 24 Oct 2012 by Timothy Raub

NEW YORK - (Mealey's) The U.S. government on Oct. 24 filed a $1 billion lawsuit against Bank of America Corp., as successor for Countrywide Financial Corp., alleging that Countrywide violated provisions of the False Claims Act by engaging in a scheme... Read More

Go-It-Alone Whistle-Blowers Force $14.5M Pfizer Settlement For Off-Label Promotion
Posted on 21 Oct 2011 by Tom Moylan

BOSTON - (Mealey's) Two whistle-blowers who went it alone in prosecuting a False Claims Act lawsuit against Pfizer Inc. in a Massachusetts federal court have forced a $14.5 million settlement for the off-label marketing of Detrol, according to announcements... Read More

Allergan To Pay $600M For Off-Label Marketing Of Botox
Posted on 1 Sep 2010 by Tom Moylan

IRVINE, Calif. (Mealey's) - Allergan Inc. said Sept. 1 that it will plead guilty to a federal misdemeanor charge related to off-label marketing of Botox and will pay a total of $600 million to the federal government in criminal and civil penalties... Read More

William A. Ruskin: First Amendment Bars Pharmaceutical Company Prosecution
Posted on 14 Dec 2012 by William A. Ruskin

By William A. Ruskin The Second Circuit [on Dec. 3] rendered its much-anticipated decision in United States v. Caronia [ enhanced version available to lexis.com subscribers ], the most important Food Drug and Cosmetics Act enforcement case pending... Read More

False Claims Act Amendments: Increased Exposures For Health Care Providers
Posted on 22 Jul 2010 by Dan Bailey

One of the biggest liability exposures for healthcare providers has been claims by the federal government relating to alleged Medicare fraud and abuse practices under the False Claim Act and the Fraud Enforcement and Recovery Act of 2009. These statutory... Read More

Boston Scientific Pays $600 Million To Settle Guidant Contract Suit By Johnson & Johnson
Posted on 18 Feb 2015 by Tom Moylan

MARLBOROUGH, Mass. — (Mealey’s) Boston Scientific Corp. on Feb. 17 announced that it has agreed to pay Johnson & Johnson (J&J) $600 million to settle a nine-year-old lawsuit alleging that Guidant Corp., which is now a Boston Scientific... Read More

Foley & Lardner LLP: 8th Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed
Posted on 19 Aug 2014 by Foley & Lardner LLP

By Jacqueline N. Acosta In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for... Read More

Forest Pharmaceuticals Pleads Guilty, Pays $313M For Off-Label Promotion, Obstruction
Posted on 16 Sep 2010 by Tom Moylan

BOSTON - (Mealey's) Forest Pharmaceuticals Inc. on Sept. 15 pleaded guilty to three federal criminal charges, including one felony charge, and agreed to pay $313 million in criminal fines, forfeiture and civil penalties to resolve allegations stemming... Read More