U.S. drug companies defrauded Medicare with price fixing scheme, rules judge
Thursday, March 13, 2008 by: David Gutierrez
(NaturalNews) A federal judge has ruled that three pharmaceutical companies artificially marked up their prices in order to defraud Medicare and encourage doctors to prescribe their drugs over those of competitors.
The decision came in a class-action lawsuit against AstraZeneca, Bristol-Meyers Squibb, Johnson & Johnson and Warwick Pharmaceuticals, a subsidiary of Schering-Plough Corp. U.S. District Judge Patti Saris ruled against AstraZeneca, Bristol-Meyers Squibb and Warwick, while clearing Johnson & Johnson of "egregious misconduct."
However, she described even Johnson & Johnson's actions as "troubling."
Saris agreed with the plaintiffs' complaint that the drug companies deliberately inflated their average wholesale prices in 2003, when those prices were still used to determine Medicare reimbursements. This created a gap between the prices that Medicare was paying and the (lower) prices charged to doctors and pharmacies. This meant that doctors would actually be reimbursed more than they had paid for the drugs, creating a profit incentive for doctors to prescribe certain products.
The judge ruled that AstraZeneca had overcharged for its prostate cancer drug Zoladex and ordered the company to pay nearly $4.5 million to one of the two groups of plaintiffs. Likewise, she found that Bristol-Meyers Squibb had overcharged for the cancer drugs Blenoxane, Cytoxan, Rubex, Taxol and Vepesid, and ordered the company to pay $183,454. She said that she needed more information to set damages amounts for the other group of plaintiffs.
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