ARTICLE
9 January 2020

Q4 Government Settlements Round-Up: Life Sciences

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Cooley LLP

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The U.S. Department of Justice (DOJ) and other government enforcers announced a number of key settlements in the life sciences industry in October – December 2019. These settlements include:
United States Food, Drugs, Healthcare, Life Sciences
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The U.S. Department of Justice (DOJ) and other government enforcers announced a number of key settlements in the life sciences industry in October – December 2019. These settlements include:

LIFE SCIENCES INDIVIDUALS/ ENTITIES SETTLEMENT DATE RESOLUTION KEY AREAS OF ENFORCEMENT
Pharmaceutical company Dec. 3, 2019 $3 million

Deferred prosecution agreement

Restitution

  • Criminal antitrust conspiracy
  • False Claims Act
Charitable foundation Nov. 20, 2019 $4 million

Three year integrity agreement

  • False Claims Act
  • Conduit for pharmaceutical company kickbacks
Medical device company

Founder/president/CEO

VP Business Development

Nov. 7, 2019 $5.99 million
  • False Claims Act
  • Kickbacks
  • Consulting fees, royalties, intellectual property acquisition fees
Pharmaceutical supplier Nov. 7, 2019 $22.05 million
  • False Claims Act
  • False and inflated AWP
  • Consulting agreement kickbacks
  • Illegal waiver of copays
Two charitable foundations Oct. 25, 2019 $4 million

$2 million

Three-year integrity agreements

  • False Claims Act
  • Conduit for pharmaceutical company kickbacks
Genetic testing company

3 principals

Oct. 9, 2019 $42.6 million

Exclusion

  • False Claims Act
  • Kickbacks
  • Medically unnecessary testing

 

These settlements demonstrate the continued importance for life sciences companies to monitor industry developments and determine ways in which to improve their corporate compliance programs.

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