Department Of Justice | Pharmaceutical Manufacturing Plants

Department Of Justice | Pharmaceutical Manufacturing Plants

Posted By The Maher Law Firm || 7-Jun-2013

The DOJ (Department Of Justice) is becoming actively involved in the enforcement against pharmaceutical manufacturing plants.

Using the “False Claims Act”: A person who: 1. knowingly presents, or causes to be presented a false or fraudulent claim for payment or approval 2. knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim 3. has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of the money or property 4. is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true 5. knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the government, or a member of the Armed Forces, who lawfully may not sell or pledge property 6. knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government 7. conspires to commit a violation of all the above.) whistleblowers have helped the DOJ become more active in the enforcement against the manufacturing plant violators. In two separate cases, the DOJ was able to use the False Claims Act to win civil and criminal settlements against GlaxoSmithKline and Ranbaxy Laboratories Ltd., costing GlaxoSmithKline $750 million U.S. dollars and Ranbaxy Laboratories Ltd. $500 million U.S. dollars.

A whistleblower is an informant who exposes wrongdoing within an organization in the hope of stopping it. Whistleblowers are protected – in part – by a law called; Qui Tam. Qui Tam lawsuits are a type of civil lawsuit that has become a powerful way for whistleblowers to help the government stop many kinds of fraud – Medicare and Medicaid fraud, defense contractor fraud and numerous other types of frauds that impact the government financially. Qui Tam lawsuits allow whistleblowers to get rewarded for the professional and personal risks they take to expose and stop fraud against the government.

Pharmaceutical manufacturing plants are being monitored closely by both the FDA (Food and Drug Administration) and the DOJ to ensure the safety and purity of prescription drugs. The DOJ Deputy Assistant Attorney General Maame Ewusi-Mensah Frimpong warned that the department will be taking “an especially hard look whenever patients are placed at an unacceptable high risk of harm by those violations of current good manufacturing practices.”

Whistleblowers have helped slow pharmaceutical marketing of prescription drugs for dangerous, unapproved uses and have cost drug manufacturers billions of dollars under the False Claims Act.

As a consumer and patient, you have the right to trust that your medication is safe. This is not always the case. When a pharmaceutical company acts negligently, its actions can result in serious side effects. Victims however, may have a remedy by bringing a product liability claim against the drug's maker.

Well-versed in the product liability laws that protect consumers, our dangerous drug attorneys have handled countless claims on behalf of victims nationwide. To discuss your claim, contact a Maher Law Firm Lawyer.

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