Boies, Schiller & Flexner LLP and the U.S. Government Settle $499 Million False Claims Act Case Against Bristol-Myers Squibb Company and Apothecon, Inc.

    SHORT HILLS, N.J., Sept. 28 /PRNewswire/ -- Boies, Schiller & Flexner
 LLP and the United States Government in conjunction with various other
 Relators and their counsel have announced a comprehensive $499 million
 settlement of several False Claims Act cases against Bristol-Myers Squibb
 Company ("BMS") of New York, NY and Apothecon, a wholly-owned subsidiary of
 BMS. BMS is a pharmaceutical manufacturer which provides medicines for
 among other things to treat cancer, cardiovascular & infectious disease and
 serious mental illness.
     Relator Dr. Joseph Piacentile first filed a qui tam action pursuant to
 the False Claims Act on behalf of the United States Government and fourteen
 states against BMS in 2005. Dr. Piacentile subsequently retained the law
 firm of Boies, Schiller & Flexner in order to prosecute, mediate and
 eventually settle the case.
     The qui tam complaint filed by Dr. Piacentile alleged, among other
 things, that BMS misrepresented clinical information regarding the safety
 of their atypical antipsychotic drug Abilify; systematically engaged in
 illegal off- label marketing and unlawfully promoted Abilify in violation
 of the Anti- Kickback Statute and Stark law by using thinly-veiled cash
 payments and other incentives. The prosecution and settlement of the case
 on behalf of the Government was handled by Andy Mao, Trial Attorney in the
 Commercial Litigation Branch of the Civil Division of the United States
 Department of Justice and Greg Shapiro, Assistant United States Attorney
 for the District of Massachusetts.
     "This is one in a series of important cases that our firm has brought
 to improve the quality of health care and prescription drugs provided to
 the Government and the public," said David Boies, Chairman of the firm.
     David Stone, Administrative Partner of Boies, Schiller & Flexner's New
 Jersey office and head of the firm's False Claims Act Practice Area who
 handled the case for the firm said, "Boies, Schiller & Flexner is pleased
 to contribute to the successful resolution of this qui tam case which will
 result in important changes in the marketing of pharmaceutical products. We
 are also very happy we could assist the Government to recover money that it
 paid for these drugs on behalf of Medicaid and Medicare patients."
     As part of the settlement the companies also entered in Corporate
 Integrity agreements to ensure that the acts complained of would not occur
 in the future.
     Boies, Schiller & Flexner LLP, founded in 1997, has become one of the
 nation's premier law firms. It has approximately 240 lawyers in offices
 located in New York, Washington, D.C., California, Florida, New Hampshire
 and Las Vegas. Best known for landmark cases such as United States v.
 Microsoft, Bush v. Gore, and In re Vitamins, the firm represents some of
 the largest and most sophisticated organizations in the world in their most
 important matters. The firm has been described by The Wall Street Journal
 as a "national litigation powerhouse" and by the National Law Journal as
 "unafraid to venture into controversial" and "high risk" matters. Boies,
 Schiller & Flexner can be visited on the web at www.bsfllp.com.
 
 

SOURCE Boies, Schiller & Flexner LLP
RELATED LINKS
http://www.bms.com

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