Whistleblower Exposes Fraudulent Off-Label Cancer Drug Use

Former sales manager for Celgene Corporation exposed fraud in its promotional materials for the cancer treatment drugs Thalomid and Revlimid. The company owes over $280 million dollars for its violations of the False Claims Act.

The Law Protects and Rewards a Whistleblower

When a knowledgeable attorney like those found at The Michael Brady Lynch Firm files a False Claims Act lawsuit, he or she files it under a seal. This means it is completely confidential. There is also a full disclosure statement in the suit, which details the evidence collected by a whistleblower.

After we file your suit, the Department of Justice will review the evidence. Then, they will decide to step in and prosecute. The government’s fraud investigator will work closely with you, the whistleblower to identify all responsible for the fraud.

You could be entitled to 15-30% of the funds recovered. In order to receive the reward, you must be the first one to file. This is why it is key to pick an experienced attorney to work quickly to get your compensation.

Billing For Non-Approved FDA Use

The FDA approved cancer medications Thalomid and Revlimid for treatment of myeloma. However, Celgene not only pitched the drugs to physicians making claims about off-label uses but also it allegedly paid kickbacks to doctors to push prescriptions.

A former sales manager at Celgene first noticed suspicious behavior six years after working for the pharmaceutical company. In 2007, she received orders from her supervisor to phone doctors and instruct them to change the billing codes for certain prescriptions. She objected since she suspected the practice was illegal.  After double-checking with the FDA, she decided to file a lawsuit under the qui tam provisions of the False Claims Act.

Since the off-label marketing was not FDA approved, all the claims the company submitted to Medicare in 28 states and the District of Columbia are fraudulent. Government health programs only cover drug prescriptions for FDA-approved uses. Celgene protested the claim citing that the lawsuit had no merit, but preceding Judge King disagreed.

Instead of facing a trial, the drug company will pay a total of $280 million to settle claims without any admission of guilt. Celgene will pay the federal government $259.3 million, $4.7 million to California, and $16 million to the rest of the affected states.

Premier Complex Litigation Attorneys

The Michael Brady Lynch Firm has successfully represented thousands of consumers and recovered millions of dollars for their clients. Our team of attorneys has been recognized as some of the most experienced and successful in the country. Law firms across the country seek our award-winning staff. We have advanced knowledge of complex litigation, scientific evidence development, negotiation strategies and trial tactics.

Most of all, our law office is resourceful and dedicated to pursuing any compensation you are due. Because of this, we have received a high degree of peer recognition and professional achievement, such as inclusion on numerous Plaintiff Steering Committees.  We will take whatever legal measures are necessary when fighting for your rights to damages.

Therefore, if you believe you have uncovered evidence of fraud involving a government-funded program, contact us today. Our attorneys have represented many clients in the past with complex cases. We will work tirelessly to obtain results on your behalf.

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