Pharmaceutical Fraud Lawyers
When a whistleblower comes forward with information that leads to a successful recovery of public funds, they may receive compensation. When you need to speak with diligent California whistleblower lawyers, reach out to Cutter Law for a free consultation.
Quick Links
- Have I witnessed pharmaceutical fraud?
- How can a pharmaceutical fraud lawyer help me if I intervene?
- What types of compensation can I recover through a pharmaceutical fraud claim?
- Proving Big Pharma’s Liability
- When to Contact a Lawyer
- Can I afford a California law firm?
- What makes Cutter Law the best firm to represent me?
- Contact Cutter Law
Pharmaceutical companies have a duty to provide reliable and safe products to their customers. When a drug company engages in pharmaceutical fraud, kickbacks, pricing schemes, and other wrongful actions, it is critical to report them.
These types of illegal and unethical actions result in massive losses to the U.S. health care system. If you have evidence of pharmaceutical fraud, do not hesitate to act.
California incentivizes whistleblowers to report the abuse of public institutions and funds. The legislation that allows for this type of legal action is known as the California False Claims Act.
Have I witnessed pharmaceutical fraud?
The term “pharmaceutical fraud” can refer to many different types of wrongful activities. Some of the most common include selling products for off-label purposes, violating regulations, and providing kickbacks.
When a company promotes a drug for purposes not approved by the FDA, this is a form of fraud. However, some disreputable companies use this strategy to increase their profits.
Violating Regulations and Standards
Certain regulations are in place to ensure that consumers can obtain safe and reliable medications. Companies that knowingly violate these standards and statutes may owe significant compensation to those who sustain harm as a result.
Drug manufacturers must adhere to FDA regulations under the Prescription Drug Marketing Act of 1987. Those who fail to meet these standards may face financial repercussions. Common examples of regulation violations include:
- Selling or trading samples of prescription drugs
- Reselling previously purchased medications
- Selling, trading, or purchasing coupons for prescription drugs
- Wholesale distributions of prescription drugs in interstate commerce without proper licensing
It is incumbent upon pharmaceutical companies to understand and abide by state and federal regulations.
Misreporting Drug Prices
Another common type of pharmaceutical fraud occurs when companies falsely inflate the reported best price of their products.
Corporations must report their average manufacturer price to Medicare and Medicaid. The government uses that price to determine reimbursement rates for Medicare. The requirement to accurately report this price ensures that the government receives the same deal on pharmaceuticals as private buyers.
Some companies might falsely report prices to increase corporate profits. This illegal activity costs taxpayers additional money and defrauds the Medicare and Medicaid programs.
If you have information about false drug price reporting, reach out to a knowledgeable legal professional. You may be able to receive compensation for aiding the government in recovering public funds that were wrongly spent.
Kickbacks
Kickbacks, which are another type of pharmaceutical fraud, happen when corporations pay health care providers to prescribe their products.
For instance, a corporation may suggest that physicians seek reimbursements through Medicaid or Medicare programs for free drug samples. This type of scheme increases profits for both physicians and pharmaceutical companies at the expense of U.S. taxpayers.
These are only a few of the most common types of fraud. If you have information about one of these schemes, reach out to a skilled pharmaceutical fraud lawyer.
How can a pharmaceutical fraud lawyer help me if I intervene?
When you have information regarding an instance of fraud, you may be unsure about how to handle the situation. Depending on the facts of your case, a pharmaceutical fraud lawyer may advise you to pursue a qui tam case.
This type of legal action occurs when a private citizen acts as a whistleblower regarding fraud against the public. If their actions lead to a successful fraud lawsuit, the citizen will receive a portion of the financial recovery.
Some of the actions that your attorney may take in your case include:
- Gathering relevant evidence of fraud
- Determining relevant laws and statutes
- Filing powerful litigation on your behalf
- Negotiating with the opposing party or counsel
- Consulting with expert witnesses
Whistleblowers deserve to have their rights protected when they come forward. That is why it is critical to consult with a diligent pharmaceutical whistleblower attorney about the facts of your case.
A skilled attorney will guide you through the entire legal process. The team at Cutter Law will ensure that you take the most productive legal actions possible.
$23.5 Million
Settlement won for government fraud in a whistleblower case against one of the world’s largest medical device manufacturers
$240 Million
Settlement in a nationwide defective medical device case involving defective pacemakers and cardiac defibrillators against Boston Scientific and Guidant
$12.95 Million
John R. Parker recently handled a case against the medical device company, Biotronik, Inc. for claims that they defrauded state and federal government agencies.
$4.7 Million
Brooks Cutter and John Parker obtained the settlement on behalf of our whistleblower clients in a case involving government fraud.
Whistleblower Protection Enhancement Act
In 2012, the U.S. Congress passed legislation known as the Whistleblower Protection Enhancement Act (WPEA). This law bolstered the legal protections that whistleblowers enjoy.
The WPEA protects disclosures of wrongdoing even when the disclosures are:
- Offered to a supervisor involved in the fraud
- Composed of previously revealed information
- Not made in writing
- Made in the typical course of the whistleblower’s professional duty
This important piece of legislation also protects disclosures regardless of the whistleblower’s motive. For answers to questions about how the Whistleblower Protection Enhancement Act might influence your legal claim, reach out to a knowledgeable attorney at Cutter Law.
What types of compensation can I recover through a pharmaceutical fraud claim?
If you have faced retaliation following an incident of pharmaceutical whistleblowing, a legal professional can help you recover compensation for the harm that you have experienced. The types and amount of financial damages that you can recover will depend on the specific facts of your claim.
Some of the most common legal remedies for whistleblowing retaliation include:
- Lost income, wages, and benefits, if you were fired
- Payment for mental suffering
- Compensation for lost opportunities
In some cases, the courts may award whistleblowers punitive damages. These payments are intended to punish the at-fault party. They are relatively rare in pharma whistleblower cases.
In successful California qui tam claims, the whistleblower may be able to claim a share of the recovery. Typically, whistleblowers receive between 15 percent and 50 percent of the financial compensation.
Statute of Limitations for Whistleblowers
A statute of limitations is a time limit determined by state law. Whistleblowers must file their qui tam or fraud lawsuits within this time limit.
Failing to seek a legal remedy before the statute of limitations has expired will cause the courts to dismiss your claim. Under California state law, a qui tam or false claims action “shall not be brought more than three years after the date when the retaliation occurred.”
Proving Big Pharma’s Liability
One of the most important questions in any civil case is that of liability. In most pharma whistleblower claims, the pharmaceutical company in question is the liable party.
The standard of legal liability under the California False Claims Act (FCA) is very similar to federal standards. The California legislature determined that the California FCA should be “liberally construed and applied to promote the public interest.”
However, proving liability can be complex. For instance, the plaintiff must show that the defendant had a “knowledge” of falsity.
In other words, the whistleblower has to prove that the pharmaceutical company knowingly engaged in fraud. A skilled attorney will review the circumstance of your claim and help you prove liability.
When to Contact a Lawyer
If you believe that your employer or another business entity is defrauding the federal or state government, it is critical to speak with an attorney. You should also consult with a whistleblower lawyer if your employer has retaliated against you after you reported fraudulent activity.
The legal specialists at Cutter Law will fight tirelessly to protect your rights. Our firm has been recognized nationally for defending the rights of our clients following retaliation.
You should not be afraid to report the wrongdoing of a pharmaceutical company. When you contact our firm, you can rest assured that your claim is in good hands.
Can I afford a California law firm?
Most reputable tort law firms run on contingency fees. Rather than requiring clients to provide upfront payments, this approach ensures that everyone can afford competent legal representation.
After your attorney has recovered the compensation that you deserve, an agreed-to percentage will cover your legal fees.
What makes Cutter Law the best firm to represent me?
When you hope to bring a California pharma whistleblower claim, there is no better choice than Cutter Law. Our legal team boasts more than 130 years of combined litigation experience.
The skilled team at Cutter Law will walk you through the entire legal process. As a result of our sterling track record, we have secured more than $100 million in financial compensation for our clients.
Our attorneys have also received both local and national acclaim and honors for their skillful work. In one recent qui tam whistleblower case, our accomplished team recovered $23.5 million.
Contact Cutter Law
Do not hesitate to seek legal representation in your pharma whistleblower case. The state of California requires plaintiffs to file qui tam lawsuits within three years of the occurrence.
The knowledgeable attorneys at Cutter Law will happily provide you with a no-cost consultation. Contact us today to schedule your free case evaluation.
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Oakland, CA 94612
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