Florida Pharmaceutical Fraud Lawyer

Most healthcare fraud-related cases involve allegations that a healthcare provider improperly charged government programs like Medicare and Medicaid for services that weren’t actually provided. This is not, however, the only type of fraud in which healthcare providers can be implicated. Pharmaceutical fraud, for instance, which typically involves the unlawful manufacture and marketing of prescription drugs is a violation of both state and federal law is a widespread problem in the U.S. Fortunately, it is possible to hold pharmaceutical companies responsible for submitting false claims to federal insurers and engaging in other deceptive practices, so if you have evidence proving that a pharmaceutical company is committing fraud, you should speak with an experienced Florida pharmaceutical fraud lawyer as soon as possible.

Off-Label Marketing

While pharmaceutical fraud can take a number of different forms, one of the most common schemes involves off-label marketing of products. Before a drug can actually be manufactured and sold to consumers it must be approved by the Food and Drug Administration (FDA), which specifies which conditions a certain drug can be used to treat. Pharmaceutical companies are bound by this labeling of their drugs and so are not permitted to market a product for uses other than those listed by the FDA. Doctors are, however, still allowed to prescribe drugs as they see fit, a practice known as “off-label” use.

Many pharmaceutical companies take advantage of this loophole and market their products directly to doctors who can prescribe those medications for off-label use. This type of activity is in direct violation of the False Claims Act, so individuals who have proof that a pharmaceutical company is engaged in off-label marketing often have the option of filing a whistleblower claim against the company in exchange for a portion of any monetary compensation awarded by the court.

Best Price Fraud

Before pharmaceutical companies can obtain Medicaid coverage for their products, they must enter into an agreement in which they guarantee that they will provide Medicaid with the same kinds of rebates and discounts on drugs as those that are offered to private marketplace purchasers. Despite entering into these agreements, some unscrupulous pharmaceutical companies still offer private purchasers lower prices than those they offer to Medicaid recipients. This results in the overcharging of drugs for the Medicaid program, which is a serious violation of federal law.

Illegal Kickbacks

Another form of pharmaceutical fraud commonly reported by whistleblowers is the offering of illegal kickbacks. This occurs when a pharmaceutical company lobbies for the use of a particular product by providing medical professionals, including doctors, with certain rewards, such as cash, gifts, trips, and sponsored retreats. However, offering things of value in exchange for using a product is a violation of federal anti-kickback statutes and a common example of healthcare fraud.

Call Today About Filing a Whistleblower Claim

If you work for a drug manufacturer or have obtained knowledge of a pharmaceutical company’s fraudulent activities, please call 561-659-7878 to speak with the dedicated Florida pharmaceutical fraud lawyers at Rabin Kammerer Johnson about the strengths and weaknesses of your case.