Off-Label Promotion Can Increase Qui Tam Fraud Risk

FDA News – Drug Industry Daily

Dec. 19 , 2003

By Lynn Stanton

Drugmakers promoting off-label uses of their products may inadvertently assist potential whistle-blowers with their cases and attract closer scrutiny from government investigators and courts, according to an expert in healthcare litigation.

Our law firm is comprised of compassionate and hardworking lawyers and support staff who understand what it is like to stand in the shoes of a whistleblower. We know because we have been exclusively and aggressively prosecuting healthcare fraud whistleblower cases longer than any other law firm in the country. We are passionate about each of our client’s cases, and are dedicated to the pursuit and prosecution of healthcare fraud. We have years of successful cases, published articles, speaking engagements and awards behind us. We know and understand the services and reimbursement involved with providers of the broad yet focused areas of Medicare fraud and Medicaid fraud.

We also know that whistleblower rewards are well deserved and needed. As an insider, the typical whistleblower is often the only person who understands the fraud, and has the fortitude, and at least some of the evidence to help prove it. We believe that whistleblowers should be handsomely rewarded, whether they need that incentive or not.

We have been helping healthcare fraud whistleblowers vindicate themselves, further their patriotic instincts, and achieve recoveries for over a decade.
We do so by conducting investigations, and if viable, filing qui tam lawsuits.

Upon being contacted by potential clients, we review and discuss the viability of bringing their case. We do so by using a myriad of resources; and, combined with our experience, we will make an initial decision on whether the potential healthcare fraud qui tam case would be appropriate for us to further investigate, and if the investigation warrants, pursue the case.

From that point forward, we use our collective resources and experience to prosecute your case. One or more of our partners will be responsible for leading each case, from its investigatory stage, all the way to the end of the litigation phase.

We cannot say we are the top-rated qui tam law firm or top-rated qui tam law firm practicing exclusively healthcare fraud, because there are no ratings for this specific legal area, and bar rules may prohibit making such a claim. With that said, our Firm is listed in the Bar Register of Preeminent Lawyers, which includes only those select law practices that have earned the highest rating in the Martindale-Hubbell Law Directory and have been designated by their colleagues as preeminent in their field, our named partners have received the 2011 Taxpayers Against Fraud Lawyer of the Year Award, and we enjoy a fine reputation with our colleagues and the Department of Justice.  Further, we do say that we are the most successful law firm that solely prosecutes healthcare fraud whistleblower cases, as such a statement can be measured objectively.

We are proud of our accomplishments, but first and foremost, we are honored to stand with those who exhibit the courage and perseverance to do what’s right. Please feel free to contact us today to see if and to what extent we can help you.

Kathleen Hawkins

Dignity Health
$37 million

Kathleen Hawkins, RN MSN, had been employed by Defendant, Catholic Healthcare West (CHW) for approximately 6 years when she decided she had had enough of trying to change the hospital system from within.

CHW, a California not-for-profit corporation that operated hospitals in California, Arizona, and Nevada, was at the time the eighth largest hospital system in the nation and the largest not-for-profit hospital provider in California.


Joe Strom

Johnson & Johnson
$184 Million

Joe Strom contacted us in 2005. We were very grateful that he did. We immediately formed an all-star legal team and a process to stop a very harmful pharmaceutical marketing strategy. It was this process we set into motion that ultimately returned hundreds of millions of dollars to the U.S. Treasury, and a portion of that, very well-deserved, into Joe’s bank account.

Joe told us a very troubling story about the off-label promotion of a pharmaceutical drug for patients who already suffered from chronic heart failure.


Bruce A. Moilan Sr.

$27 Million

Bruce Moilan was a seasoned hospital systems expert by the time he contacted our Firm. At the time he decided to file his qui tam lawsuit, he was employed by South Texas Health System as a System Director for Materials Management. In this position, he oversaw $24 million in annual purchases of supplies and equipment and helped determine budget, reduction and cost analysis throughout the contract bidding and negotiations process. His job was to insure proper implementation for purchasing, receiving and management of inventory, for McAllen Hospitals, L.P.


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