Personal Injury Law

Sheller, P.C. Instrumental In $2.3B Pfizer Whistleblower Settlement

By Chrissie Cole

Philadelphia-based Sheller, P.C. law firm, also an InjuryBoard Member, was instrumental in aiding the government to recoup record numbers of dollars for federal and state governments, taxpayers and whistleblowers.

In January, Eli Lilly agreed to pay the federal government $1.4 billion to settle an off-label marketing scheme for its prescription drug, Zyprexa. The allegations, stemming back 2003, originated from six former Lilly drug marketing representatives who became whistleblowers.

The Eli Lilly settlement was the largest amount paid to a single defendant in the history of the U.S. Department of Justice, prior to a recent $2.3 billion settlement with drug giant, Pfizer involving its prescription drug Zyvox (linezolid), an antibacterial agent approved by the FDA to treat certain types of infections. The withdrawn arthritis drug Bextra, was also included in the Sheller complaint.

Lawyers Stephen A. Sheller, Brian McCormick and Jim Pepper represented Ronald Rainero in the Pfizer matter. Rainero, a former Pfizer employee-turned-whistleblower, experienced firsthand the pressure to promote Zyvox, a power antibiotic, for off-label use.

Zyox was touted as 'superior to similar drugs,' despite an FDA Warning Letter sent to Pfizer in 2005 outlining these claims. Off-label promotion of Zyvox helped sales surge to more than $1 billion - while cheating the government and putting the public's safety at risk. Rainero blew the whistle, working in concordance with the U.S. Attorney's office in Boston as well as Sheller lawyers.

'Our firm is uniquely qualified to handle these qui tam cases,' states Stephen Sheller, who brings four decades of civil litigation experience successfully battling automakers, tobacco companies, drug giants and others.

Under the False Claims Act (FCA), so-called 'qui tam' actions, a term derived from English Common Law meaning 'he who sues on behalf of the king as well as himself,' allow private citizens with knowledge of fraud to help the Government recover ill-gotten gains and additional civil penalties.

Qui tam whistleblower cases recently settled by Sheller, P.C. have returned more than $1.5 billion to the U.S. and states' treasuries.

For more information read Sheller's Press Release and visit their Web site. #

Full post as published by InjuryBoard on September 22, 2009 (boomark / email).