Qui Tam Results & News

Hundreds of Millions Recovered for the Government and Whistleblowers

RESULTS

$1.350 Billion for Whistleblowers and Government
Joel M. Androphy and Sarah Frazier represented one of the nine whistleblowers and won a settlement with Eli Lilly in a civil qui tam action in U.S. District Court. The case involved off-label marketing of the drug Zyprexa. This civil settlement netted the government and all whistleblowers about $750 million. The government will also receive an additional $600 million in criminal fines.

$119 Million for Whistleblowers and Government
Joel M. Androphy won a settlement with King Pharmaceuticals in a qui tam action in United States District Court. The case involved the underpayment of Medicaid rebates, false claims, and best price violations. This settlement netted the client and government about $119 million.

$45 Million for Whistleblowers and Government
Joel M. Androphy won a settlement with Pfizer in a qui tam action in U.S. District Court. The case involved the underpayment of medicaid rebates, false claims and best price violations for the drug Lipitor. The settlement netted the client and government about $46 million.

For more information see the Wall Street Journal, Washington Post, National Law Journal and other major news archives for October 29, 2002.

$13.7 Million to Whistleblower and Government
Joel M. Androphy, Sarah Frazier and Kathryn Nelson won a settlement with American Grocers in a qui tam action in United States District Court. The case involved the alteration of expiration dates on food products sent to American troops in the Middle East. The settlement netted the client and the government about $13.7 million.

$1.78 Million for Whistleblowers and Government
Joel M. Androphy and Sarah Frazier won a settlement with Rotech Healthcare, Inc. in a qui tam action in United States District Court. Rotech paid $2 million to settle civil charges that it engaged in false or fraudulent conduct in billing Medicare for durable medical equipment. The government declined intervention. This settlement netted the client and government about $1.78 million. The negotiated settlement amount was a reflection of Rotech’s stock price of 34 cents per share at the time of settlement, down from $21 in early 2004 when Ms. Bell-Messier filed suit.

PRESS RELEASES

Whistleblower’s Complaints Leads American Grocers, Inc. to Pay $13.2 Million to Settle Fraud Charges, Says Berg & Androphy

HOUSTON, Nov. 19, 2010 (GLOBE NEWSWIRE) — American Grocers, Inc. and its owner Samir Itani have agreed to pay $13.2 million to settle civil charges that they engaged in false or fraudulent conduct by shipping food products past or near their expiration dates to United States troops stationed in the Middle East.

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Whistleblowers’ Complaints Lead Eli Lilly to Pay $800 Million to Settle Civil Medicaid Fraud Charges, According to Berg & Androphy

HOUSTON, Jan. 15 /PRNewswire/ — The $800 million settlement that Eli Lilly and Company (NYSE: LLY) has agreed to pay to settle civil False Claims Act charges related to allegedly false or fraudulent marketing, promotion and sale of its drug Zyprexa can be traced to the courageous stands taken by employee whistleblowers, according to the Berg & Androphy law firm.

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Whistleblower’s Complaint Leads Rotech Healthcare, Inc. to $2 Million Medicare Fraud Settlement, According to Berg & Androphy

HOUSTON, Aug. 26 /PRNewswire-USNewswire/ — Rotech Healthcare, Inc. (OTC BB: ROHI.OB) has paid $2 million to settle civil charges that it engaged in false or fraudulent conduct in billing Medicare for durable medical equipment, according to Berg & Androphy, which represented a former executive who filed whistleblower claims against the company.

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Copyright 2012 Berg & Androphy.