Tasigna Atherosclerosis Lawsuit News

Novartis Whistleblower Receives $12 Million For His Efforts

The False Claims Act encourages drug company employees to assists the government in policing Specialty Pharmacies

Tuesday, July 31, 2018 - The False Claims Act is a US government-sponsored program that encourages company employees to come forward and file a report with the US Department of Justice (DOJ) when an employee uncovers wrongdoing. According to Wikipedia "The False Claims Act, also called the "Lincoln Law" is an American federal law that imposes liability on persons and companies who defraud governmental programs. It is the Federal Government's primary litigation tool in combating fraud against the Government."

Never before was the False Claims Act so successful as in a recent case against anti-cancer chemotherapy drug maker Novartis. An illegal marketing scheme used by Novartis sales representatives was exposed by a former employee turned whistleblower David Kester. Kester filed a complaint against Novartis under the False Claims Act and received $12 million, his share of the $390 million settlement of the Department of Justice lawsuit. During the years 2007 to 2012, Novartis was accused of using cash kickbacks and sales incentive campaigns to encourage specialty pharmacies Bioscript, and Acredo Health to push certain drugs over others, and to refill Gleevec prescriptions with Tasigna.

Specialty pharmacies differ from regular pharmacies in that they are entrusted to dispense drugs that in and of themselves could cause serious injuries or death if misused. It is for this reason that specialty pharmacists are held to the highest possible ethical standards. Specialty pharmacists are assumed to be above putting profits ahead of patient safety. The Novartis drug marketing campaign intended to prevent the company from suffering millions in losses when Gleevec went off patent and generic drugs were allowed to compete. In addition to using fraudulent marketing tactics, Tasigna was rushed to market using the FDA's fast track program sidestepping pre-market testing.

Unsuspecting cancer patients were unaware of Tasigna's adverse side effects which include developing atherosclerosis, the narrowing of the arteries leading to the extremities, brain, and heart. Novartis failed to warn patients that Tasigna side effects result in necrosis of the extremities requiring amputation, paralysis from strokes, and sudden death from heart attacks. Atherosclerosis causes plaque to rapidly build up in the arteries leading to the extremities brain and heart. When plaque breaks free from the arterial wall it can become lodged in narrower veins.

So severe is the health risk of atherosclerosis in Tasigna patients that a black box warning has been required. If you or a loved one has taken Tasigna and developed atherosclerosis, you should consider filing a Tasigna atherosclerosis lawsuit to investigate whether or not you qualify to file a claim and hold Novartis accountable. Novartis sales representative's illegal marketing defrauded both Medicaid and Medicare. The majority of the $390 million fine went to reimburse taxpayers. For his courage and efforts, David Kester was named "Whistleblower of the Year."

https://www.reuters.com/article/us-novartis-pharmacies-kickbacks-idUSKCN0T92MR20151120

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