Grant & Eisenhofer’s False Claims Litigation Group has represented whistleblowers in some of the largest qui tam cases brought under Federal, State and Municipal False Claims Acts. These cases have been a catalyst for exposing unlawful practices that drain government dollars and place consumers at health and safety risk. Blockbuster Recoveries include:
Western District of Virginia
Grant & Eisenhofer’s efforts on behalf of lead whistleblower, Meredith McCoyd, against Abbott Laboratories, served as a catalyst for a $1.6 billion recovery for federal and state governments. The result marked one of the largest recoveries under the False Claims Act in a pharmaceutical case involving a single drug.
The case was initiated when G&E’s False Claims Litigation Group brought claims in the United States District Court for the Western District of Virginia on behalf of the United States Government and more than two dozen states alleging that Abbott had unlawfully marketed its anti-epileptic drug, Depakote, to children and nursing home patients. In addition to a monetary recovery, the settlement broke ground with a corporate integrity agreement that will place compliance burdens on Abbott’s corporate management. The Grant & Eisenhofer team included Partner Reuben Guttman and Senior Counsel Traci Buschner.
District of Massachusetts
The Grant & Eisenhofer False Claims Litigation Group represented whistleblower Glenn Demott who was one of six whistleblowers who revealed information to the government that resulted in an overall $2.3 billion recovery for the federal and state governments.
District of Massachusetts
Grant & Eisenhofer represented one of several whistleblowers in a case against Pharmaceutical giant, GlaxoSmithKline (GSK), that resulted in a $1.04 billion recovery for the federal and state governments. Former GSK Therapeutic Sales Manager and nursing professional, Lois Graydon, alleged misrepresentation in promotion of the company’s popular asthma and Chronic Obstructive Pulmonary Disease (COPD) medication, Advair. G&E partner Reuben Guttman led the G&E team which included Senior Counsel Traci Buschner and Associate Talyana Bromberg.
Western District of Kentucky, Paducah Division
Grant & Eisenhofer is lead counsel for whistleblowers Natural Resources Defense Council and several individuals in a case involving a failed cleanup of a government-operated enrichment plant in Kentucky. The United States Department of Justice has intervened and the parties are actively litigating the case.
District of South Carolina / Western District of North Carolina
The Grant & Eisenhofer False Claims Litigation Group played a part in the Government’s $25 billion recovery in the winter of 2012 against several of the world’s largest banks. Partners Reuben Guttman and Jim Sabella represented whistleblower Lynn Szymoniak in a lawsuit against mortgage servicers—Bank of America Corporation, J.P. Morgan Chase & Co., Wells Fargo & Company, and Citigroup Inc. While Ms. Szymoniak’s allegations and information served to aid in the government’s overall blockbuster recovery, the defendants agreed to pay $95 million to resolve allegations that they participated in a pervasive nationwide practice of failing to obtain required mortgage assignments and using false assignments to submit Federal Housing Administration mortgage insurance claims, which resulted in servicing misconduct. Grant & Eisenhofer worked with the U.S. Attorney’s Office for the District of South Carolina, the U.S. Attorney’s Office for the Western District of North Carolina, the Offices of Inspector General and legal counsel from the U.S. Department of Housing and Urban Development, Treasury and Federal Reserve to achieve this settlement. The Szymoniak case was resolved as part of an overall $25 billion settlement.
Eastern District of Virginia
The Grant & Eisenhofer False Claims Litigation Group represented whistleblower, Kurt Bunk, in a qui tam action involving allegations of price-fixing and bid-rigging by companies providing moving and storage services for U.S. military service members. The whistleblowers, citizens of Germany, came forward and reported the False Claims Act violations to the U.S. Army in 2002, resulting in criminal convictions and fines for federal antitrust violations for a number of moving companies and at least one individual. A partial settlement of the False Claims Act allegations, totaling $13 million, was reached. The case set precedent for a foreign national to seek relief under the U.S. False Claims Act.
Eastern District of Pennsylvania
Grant & Eisenhofer filed a lawsuit against Wyeth Pharmaceuticals and its parent, Pfizer, Inc., the world’s largest drug maker, alleging unlawful marketing practices with regard to the immunosuppressant drug, Rapamune. The complaint alleges that the companies encouraged its sales team to market Rapamune for treatments outside the FDA’s approved use in kidney transplants. The complaint also alleges that he Defendants unlawfully paid kickbacks. The United States Department of Justice intervened in the suit on September 21, 2010. Click here for a copy of the complaint.