As pharmaceutical fraud has become more and more prevalent and sophisticated, whistleblowers have come forward in rapidly-increasing numbers. In fact, the U.S. Department of Justice is currently investigating hundreds of pharmaceutical fraud cases under the False Claims Act involving more than 500 drugs, and some of the largest health care False Claims Act recoveries have come from the pharmaceutical industry.

Fraud in the marketing of prescription medications has become a special focus of government enforcement authorities. In particular, the government has stepped up the investigation of off-label drug sales, i.e., the marketing of drugs for non-FDA-approved uses. Since licensed physicians may prescribe a drug for any purpose, even one for which the drug is not approved, many pharmaceutical companies have unlawfully devised marketing campaigns to solicit off-label prescribing while, for example, a drug awaits FDA approval. Over the last year, there have been a number of False Claims Act settlements of off-label charges, including one in which a prominent pharmaceutical company paid more than $ 1 billion dollars in penalties, including a False Claims Act recovery of over $700 million.

Drug marketing cases typically arise from industry sales representatives and other insiders, but hospital and physician practices have also reported this type of illegal conduct and have shared in False Claims Act settlements.

In addition to fraud related to marketing prescription medications, other common types of pharmaceutical company false claims include:

• Average sales price fraud
• Clinical trial fraud
• Good manufacturing practices (GMP) fraud
• Kickbacks, including for illegitimate drug studies, grants, investigator and advisory board meetings, preceptorships, and speaking engagements
• Pricing fraud

Hodgson Russ attorneys are ready to assist in preparing, investigating, and prosecuting select False Claims Act cases related to the full range of pharmaceutical fraud.

Report Pharmaceutical Fraud

The first step in reporting pharmaceutical fraud is to talk to a qualified, experienced attorney, like the False Claims Act attorneys at Hodgson Russ. We will thoroughly discuss the facts of your potential case with you, reviewing the allegations and applicable law and conducting any necessary factual investigations with your participation. If you and we decide to move forward with our representation of you and the report of pharmaceutical fraud, we will execute an engagement letter and draft a complaint and other case initiation documents.