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
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.