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Notable Settlement
Pharma & Medical Devices
$425 Million

Teva Pharmaceuticals — Pharmacy Kickbacks

Teva Pharmaceuticals Pays $425 Million for Illegal Kickbacks

By Angie KellyLast updated: October 4, 2024

Source: U.S. Department of Justice

TL;DR: Teva Pharmaceuticals Pays $425 Million for Illegal Kickbacks This case resulted in a $425 Million resolution and demonstrates the impact of whistleblower protections in recovering funds from fraud.

Summary

Teva Pharmaceuticals agreed to pay $425 million to resolve allegations that it paid illegal kickbacks to pharmacies to increase prescriptions of its medications. DOJ alleged the company used various payment mechanisms to induce pharmacies to preferentially recommend and dispense Teva products, resulting in false claims submitted to federal healthcare programs.

Our Take

Pharmacy kickback cases often involve "rebates," "performance fees," or "marketing support" payments that function as inducements for preferential dispensing. Insiders typically have access to the payment agreements, communications about the expected return on investment (measured in prescription volume), pharmacy-specific sales data, and any internal analysis linking payments to market share gains. If you've seen pharmacy payments that are really about buying shelf placement and dispensing preference, document the payment structures and the business case that justified them.

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Notice

The summaries above are based on publicly available information released by the U.S. Department of Justice and are provided for informational purposes only. They do not constitute legal advice, investigative findings, or allegations by Disclosure Strategy. Our commentary reflects general, experience-based observations about how False Claims Act matters commonly arise and is not a statement about any party's liability.