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Florida Off-Label Promotion Lawyer

Medicare Part D offers very important benefits for qualifying individuals who rely on costly prescription medications for treatment and ongoing care. The majority of Florida physicians will only prescribe drugs that serve their patients’ needs, but they can be misguided by the recommendations of pharmaceutical companies seeking financial gain. When a drug manufacturer engages in improper marketing practices, the conduct may constitute Medicare fraud. In recent years, these companies have paid more than $13 billion to resolve matters related to the off-label promotion of medications.

Unlawful marketing tactics cheat taxpayers, which is why lawmakers have established a cause of action to recover funds misappropriated through the Medicare system. Our team at Guttman, Freidin & Celler can explain your options under the Federal False Claims Act (FCA), so please contact our firm to set up a free case review. A Florida Medicare fraud lawyer will provide details, but a summary of your options and off-label promotion may be helpful.

Promoting Medications Outside FDA Regulations

Medicare fraud is often perpetrated by health care providers who receive higher reimbursement from CMS when they submit false information. However, off-label promotion typically involves misconduct by manufacturers of prescription drugs. When the Food and Drug Administration (FDA) approves a medication, it is specific in the uses and purposes for which the drug may be prescribed. Off-label marketing occurs when drugmakers tout the medication for uses that regulators never authorized.

The practice is fraudulent because pharma companies may convince a physician to write a prescription in reliance upon the off-label promotion, thereby increasing sales for the manufacturer. The fraud hits CMS when the health care provider submits the information for Medicare reimbursement.

Whistleblower Options under the FCA

This federal statute offers a financial motivation to get individuals to come forward and report fraudulent schemes against the government. The FCA creates a cause of action known as a qui tam lawsuit, in which a whistleblower sues the scheming person or entity. Because of the complexities involved with cases under the FCA, retaining a Medicare fraud lawyer is essential. Still, you should note the following:

  • In the case of off-label promotion, a qui tam plaintiff will typically be pursuing the drugmaker that falsely marketed its product as being approved by the FDA for a specific use.
  • You could be entitled to a reward for exposing fraud by a pharma company, depending upon whether the government exercises its option to intervene. A whistleblower’s portion in a qui tam action may be up to 30 percent.
  • The total amount in a lawsuit based on off-label marketing could be in the millions for each violation by the drugmaker.

Consult with a South Florida Medicare Fraud Attorney for Free

While this overview of off-label promotion is useful, many specific issues impact your options under the FCA. To learn more about various forms of Medicare fraud, please call Guttman, Freidin & Celler at 800.654.8281. We can schedule a complimentary consultation at our offices in Miami, FL to provide additional details on your remedies as a whistleblower.

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