DOJ files statement of interest in suit against Pfizer
Pharma Compliance Alert, May 21, 2008
The Department of Justice (DOJ) filed a statement of interest in a whistleblower lawsuits brought by former Pfizer Vice President Peter Rost against Pfizer.
Rost’s suit alleges Pharmacia, which Pfizer bought, marketed Genotropin, a human growth hormone, for off-label uses. Pfizer said fraud was not involved because Genotropin was listed in three major pharmaceutical compendia so state Medicaid programs would likely be required to issue reimbursements anyway.
The DOJ, which originally declined to join the lawsuit, filed a statement of interest in the U.S. District Court in Massachusetts. The DOJ presents four arguments against Pfizer’s position:
- A listing in a compendium is not the same as being supported by the compendium citation
- Even if an off-label use is supported, other grounds for a false claim may exist
- A complaint does not need to allege the defendants made the false claim
- The identification of a specific false claim is not required to satisfy the particularity requirement
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