Bristol-Myers-Squibb Qui Tam Case
Kohn Kohn & Colapinto is one of seven law firms that successfully brought qui tam actions against Bristol-Myers Squibb Company (BMS) and its subsidiary, Apothecon, Inc., for Medicare and Medicaid fraud linked to its drug pricing and marketing practices. According to U.S. Attorney Michael J. Sullivan of Boston, BSM negotiated a settlement with the U.S. Department of Justice and the attorneys general of several states, agreeing to reimburse state and federal governments a total of $499 million, plus over $16 million in interest. The drug company, which fully cooperated with the government, admitted that it paid illegal remuneration to doctors and health care providers to influence them to purchase BMS' pharmaceuticals and prescribe certain BMS drugs for "off-label" usage. BMS and its Apothecon caused the submission of fraudulent claims against Medicare and Medicaid.
KKC and the other six law firms will share approximately $50 million as their share of the federal government's settlement amount, and an additional share of the state settlement amount, which totals approximately $328 million. The firms also will share in the state settlements.
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