The Effects of False Claims Act Whistleblowers on the Pharmaceutical Industry

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The Effects of False Claims Act Whistleblowers on the Pharmaceutical Industry

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Title: The Effects of False Claims Act Whistleblowers on the Pharmaceutical Industry
Author: Davis, Mark S.
Citation: The Effects of False Claims Act Whistleblowers on the Pharmaceutical Industry (2006 Third Year Paper)
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Abstract: The whistleblower (or “qui tamâ€) provisions of the False Claims Act allow private citizens to bring suit on behalf of the government against individuals or corporations who have submitted false or fraudulent claims to the government. Under the Act, a whistleblower is entitled to a percentage of the damages or settlement that the government ultimately receives as a result of the lawsuit. The qui tam provisions have been used with increasing frequency in recent years to initiate lawsuits against pharmaceutical manufacturers for fraud that these companies have allegedly committed against federal and state health care programs. This paper attempts to explain the effects that these whistleblower lawsuits have had upon the pharmaceutical industry. This paper also proposes ways that the False Claims Act and government enforcement efforts could be reformed in order to reduce both frivolous qui tam lawsuits and the need for such extensive False Claims Act prosecution.
Terms of Use: This article is made available under the terms and conditions applicable to Other Posted Material, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#LAA
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:8965590

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