Drug makers dominate the roster of companies coughing up big payouts to settle charges of fraud against the government under a key whistleblower law, a new report shows.
Taxpayers Against Fraud Education Fund found that eight of the 10 largest settlements under the False Claims Act in federal fiscal year 2010, which ended Sept. 30., came from drug companies. The other two top settlements also were related to health care.
The advocacy group’s list was topped by Allergan, which paid $600 million for off-label marketing practices with Botox. Off-label marketing involves promoting a drug for a purpose that has not been approved by the Food and Drug Administration.
Next were AstraZeneca (which paid $520 million for an illegally marketed anti-psychotic drug) and Novartis (which forked over $422.5 million for illegal promotion of the drug Trileptal).
The False Claims Act was originally passed in the days of Abraham Lincoln, as a way to prevent shady salesmen from taking the Union Army to the cleaners by, say, passing off a passel of dying horses as perfectly healthy. It provides a mechanism by which third parties — namely, whistleblowers — can sue contractors for fraud against the government.
The False Claims Act is still used to punish fraud in defense contracting but, as the list below shows, lately the biggest targets are wayward drug companies. As shabby as the results were for the drug industry, things actually were better than the year before. In fiscal 2009, the top two settlements –a $2.3 billion Pfizer payout and another for $1.4 billion from Eli Lilly– dwarfed anything in 2010.
Fiscal 2011, however, is getting started with another big drug industry case. GlaxoSmithKline, the British drug giant, agreed Tuesday to pay $750 million to settle criminal and civil charges that it knowingly sold contaminated drugs.
Top 10 Fraud Payouts
- Allergan–$600 million
- AstraZeneca–$520 million
- Novartis Pharmaceuticals–$422.5 million
- Forest Laboratories–$313 million
- Elan Corporation–$203.5 million
- Teva Pharmaceuticals–$169 million
- WellCare Health Plans–$137.5 million
- Mylan, AstraZeneca, and Ortho-McNeil–$124 million
- Omnicare and IVAX Pharmaceuticals–$112 million
- Health Alliance of Greater Cincinnati and Christ Hospital–$108 million
Related Post:
Glaxo to Pay $750 Million to Settle Charges Over Tainted Drugs


