Pharmaceutical Whistleblower Reward Attorney

Pharmaceutical fraud is a major cause of government waste and is often directed at large entitlement programs like Medicare and Medicaid. Drug manufacturers, pharmacies, healthcare providers, pharmaceutical representatives, and others have devised numerous schemes to file false claims against the government and obtain money through other illegal and unethical means. These practices not only cheat the American taxpayer, they also undermine the safety of pharmaceutical products and the integrity of the pharmaceutical industry.

Government investigators are committed to cracking down on this abuse, but the reality is that they cannot do so alone. That’s why they turn to whistleblowers who report pharmaceutical fraud and provide valuable information that can end the illegal activity. The whistleblower can request a reward when the information helps the government recover defrauded funds. By hiring the experienced pharmaceutical whistleblower law firm of Oberheiden P.C., you can present your best case for a reward and protect yourself against retaliation.

Examples of Pharmaceutical Fraud

If you work for a pharmaceutical company, healthcare provider, or another business in the medical industry, you may have original information concerning fraud against Medicare and Medicaid programs. The evidence you have could concern any number of dishonest or illegal business practices, including:

• Kickbacks: Unfortunately, it’s common for pharmaceutical companies to pay or attempt to pay doctors and facilities to prescribe or favor their medications. Illegal kickbacks jeopardize patients’ health by giving them medicines they don’t need (or which may harm them).
• Off-label marketing: Drug company representatives may also market their medications for purposes that are not approved by the Food and Drug Administration (FDA). The doctor prescribing the medicine may bill Medicare or Medicaid for something these programs would not otherwise cover.
• 340B drug discount violations: Under section 340B of the Public Health Service Act, drug manufacturers must provide certain hospitals and clinics with drugs at discounted prices. When pharmaceutical companies overcharge these healthcare facilities for 340B drugs, they may be forced to return the money.
• Billing fraud: This broad category covers any activity that results in a government program like Medicare paying for drugs it shouldn’t. Some examples include billing for drugs that were never dispensed and billing for drugs that were actually prescribed but that the patient did not need.
• Misreporting benchmark prices: Drug companies that do business with government programs like Medicare must report the best price, federal ceiling price, and other benchmarks honestly. Those that fail to do so can be held liable for defrauding the government.
• Manufacturing substandard drugs: Drug companies must adhere to strict safety protocols and complex regulations to ensure the safety of the prescription drugs they manufacture. The FDA or another government agency may investigate claims related to drug safety.
• Reporting false data to the FDA: Pharmaceutical companies report detailed and accurate data regarding the efficacy and safety of their products to win government approval for their drugs. Providing the FDA with false, misleading, or incomplete data or withholding negative data is a serious breach of this duty.
• Failure to comply with Current Good Manufacturing Practices (CGMPs): CGMPs, which are enforced by the FDA, ensure that drugs are not adulterated, contaminated, or otherwise tainted in any way. Failure to comply causes ineffective or dangerous drugs to be put on the market, endangering the lives and health of patients.
• Failure to comply with Quality Systems Regulations (QSRs): These rules were also established to protect patients from dangerous drugs. The FDA also enforces QSRs, but it relies on pharmaceutical companies to largely police themselves. Violations are common because drug companies place their profits ahead of patient safety.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Becoming an FDA Whistleblower

Many individuals in the pharmaceutical and healthcare industries have access to inside information that others do not. This positions them to obtain information about illegal or unethical practices that jeopardize patient safety and cheat taxpayers. However, it’s not enough to simply know about the above activities. Becoming a whistleblower requires more.

To begin with, pharmaceutical whistleblowers must have original information regarding pharmaceutical fraud and abuse. Original means that the government does not already know about it and it’s not public. The whistleblower’s information can either aid an existing investigation or allow the government to open a new one.

Next, the information must lead to the recovery of funds from the fraudulent party. This may be accomplished by filing what is known as a qui tam lawsuit pursuant to the False Claims Act. “Qui tam” means the action is filed on behalf of the federal government. Depending on the strength of the evidence and the government’s interest in the case, it may decide to intervene. Ultimately, this legal action must result in recovered money in order for the whistleblower to claim a reward.

Lastly, the whistleblower must be prepared to cooperate with the federal government. The government may require additional information from the whistleblower to facilitate its investigation and enforcement action. By cooperating with the government and being ready to inform authorities about what he or she knows, the whistleblower increases the chances of receiving a reward.

How Much Will My Reward Be?

The answer to this question depends on whether the government intervenes in the qui tam lawsuit. If it does, the whistleblower may be able to recover between 15% and 25% of the money recovered. This amount increases to between 25% and 30% if the government declines to intervene.

Contact Our Pharmaceutical Whistleblower Rewards Attorney

By hiring a seasoned whistleblower law firm, you can rest assured that every aspect of your claim will be timely and properly handled. We also advocate for the highest possible reward by demonstrating to the government the usefulness of your information. Finally, we will protect your anonymity in accordance with the law and help you take legal action if you face retaliation because you became a whistleblower. Count on Oberheiden P.C. to take care of your pharmaceutical whistleblower claim. Contact or call us today to get started.