Experienced, Aggressive Litigation
The $280 million settlement with Celgene Corp. resolved a former employee's claims the drug maker fraudulently promoted two drugs for uses not approved by the Food and Drug Administration (FDA). After the government declined to take the case over (or "intervene"), the whistleblower and her counsel pursued the case on behalf of federal, state, and local governments in a nationwide litigation entailing approximately 40 depositions, millions of pages of documents, and numerous pre-trial motions.
Results
The False Claims Act (FCA) allows whistleblowers with knowledge of fraud to bring a lawsuit to recover money for the government and share in a portion of the recovery. If the government declines to intervene, the whistleblower can go forward on the government’s behalf. The Celgene settlement is believed to be the second largest non-intervened recovery in the history of the FCA.