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TURNING EMPLOYER WRONGS INTO EMPLOYEE RIGHTS

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How much does a False Claims Act whistle blower get?

We are now able to track exactly the amount of money each whistle blower recovers and the taxpayers receive , thanks to the Department of Justice’s records. As a grand total, whistle blowers including those in California, $2,87 Billion dollars was earned from 10/1/87 to 9/30/10.the total amount received by the US Government under the qui tam provisions of the False Claims Act $9.027 billion. We are proud to have partnered with the US Department of Justice in cases brought by our clients under the False Claims Act.

Here are some representative settlements from the health care and pharmaceutical industries which we find are target defendants for fraud charges:

Beverly Enterprises: $170 million due to whistle blower for charging Medicare salaries paid to workers who attended to non-Medicare patients. (Not surprising as our firm has won a punitive damages judgment for retaliatory termination against this firm with the jury’s award exceeding $1,550,000.

Bristol_Myers-Squib: Illegal pricing and marketing of various drugs (over 50), whistle blower personally received $515M.

CVS (national drug chain), whistle blower case, taxpayers received $37 million for overcharging Medicaid;

Eli Lilly & Co, $1.415 Billion for promotion drugs for uses not approved by FDA (“off brand” marketing).

Glaxo Smith Kline sold adulterated drugs and the publicr recovered $750 million.

Hospital Corporation of America: $840 million recovered by ¬†taxpayers ¬†for performing tests that were medically unnecessary. this including “up coding” (using false diagnosis codes for enhanced payments), over billing, performing unneeded test and bill for non-authorized costs.

Merck: Taxpayers have recovered $650 million for corporate kickbacks and Medicaid Best Practices violations.

Pfizer, Inc. 2.3 Billion for illegal marketing and kickbacks relating to drugs such as Celebrex, Viagra and Lipitor.

Purdue Frederick co. 634.5 million for Oxycontin mislabeling.

Scherring Plough: 435 million for illegal marketing and sales of hepatitis, cander and brain tumor drugs.

Smithkline Beecham Clinical Labs: $325 million for charging for tests that were not actuall done. Charges on which payment was based including paying kickbadks to doctors; double billing for kidney dialysis tests and “adding on” additional test not medically necessary.

Tenant Healthcare: $900 million for Medicare billing violations, bill padding and kickbacks.

Walgreens for improper drug switching.

In future blogs we’ll cover other industries and their contribution to reducing the national debt and compensating whistle blower clients who have suffered termination, career interruption, verbal and physical (think Karen Silkwood) hostilities. But, based on cases such as the above, and understanding that the total received by the government is !8.165 Billion as of date of last statistics, 2010, whistle blowers received $2,877 billion dollars. There have been some high, individual awards such as 2.3, 22.5 and 17.2 million (in cases against Medco Health Solutions, United Technologies Corp, and Northrop Grumman). In one of the largest recoveries to date, whistle blowers received $154 million against Hospital Corporation of America.

We have litigated these types of cases in the federal courts of California, where many of these corporate defendants are headquartered or engage in major marketing of their health care products and services. Typically, a whistle blower case originates with hostile, discriminatory and unfair treatment at the job site. This is usually the result of the employer taking offense at the fact that a whistle blower is standing up for their rights.