Corporate Compliance

Bristol-Myers Squibb settles with DOJ on range of illegal practices

Compliance Monitor, October 10, 2007

Bristol-Myers Squibb (BMS) will pay more than $515 million for a wide assortment of illegal drug marketing and pricing practices. The government alleged that from 2000 through mid-2003, BMS paid illegal remuneration to healthcare providers and physicians to persuade them to buy BMS drugs, and maintained false, inflated prices for various oncology and generic drugs.

The government also alleged that BMS promoted the sale and use of Abilify for pediatric patients and to treat dementia-related psychosis, which are off-label uses. BMS was also accused of misreporting its lowest price for Serzone, an anti-depression drug.

The federal recovery in the settlement is more than $328 million; with more than $25 million coming from fines associated with BMS's off-label promotion of Abilify. BMS will pay more than $187 million to the Medicaid participating states and $124,000 to specific Public Health Service bodies.

As part of the settlement, the company entered into a corporate integrity agreement with the OIG and the Department of Health and Human Services.

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