Western District of Oklahoma
G&E represented two key whistleblowers behind a $257.4 million settlement between drugmaker Wyeth Pharmaceuticals, a subsidiary of Pfizer, and the U.S. Department of Justice stemming from alleged marketing abuses of Wyeth’s powerful immunosuppressant drug Rapamune. The case was originally brought in the U.S. District Court for the Eastern District of Pennsylvania by two whistleblowers, both of whom were sales representatives for the company. Initially, the case was declined by the Justice Department, however, G&E continued to move forward with the case. On September 21, 2010, the Justice Department intervened and transferred the case to the U.S. District Court for the Western District of Oklahoma, where there was an ongoing investigation. The settlement agreement noted the broad scope of Wyeth’s alleged unlawful marketing of Rapamune for well over a decade, spanning from September 1999 to December 2011, including the knowing promotion of Rapamune for uses that were not approved by U.S. Food and Drug Administration. In addition to the civil settlement, the company pled guilty to a violation of the Food Drug and Cosmetics Act and entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services. The settlement is one of the largest False Claims Act recoveries for a single drug.