Whistleblower To Receive $10 Million In Drug Marketing Settlement
A whistleblower will receive $10 million of some $203 million recovered in a whistleblower lawsuit alleging that deceptive marketing of the drug Zonergan. The whistleblower, Dr. Lee R. Chartock, a Massachusetts psychiatrist, reported that Elan, the drug's manufacturer, encouraged him to prescribe the antiseizure medicine for weight loss and mood stablization. It is unlawful for companies to market drugs for purposes other than those approved by the FDA.
Such off-label drug marketing can result in improper billings to Medicare and/or Medicaid in violation of the federal False Claims Act. The False Claims Act allows whistleblowers to recover a percentage of the money recovered from companies sued for violating the law.