The US Department of Justice and 16 states have joined in two whistleblower law suits filed in the district of Massachusetts against Wyeth, accusing the US drug major of overcharging Medicaid for Protonix (pantoprazole), an ulcer drug that earned $215.0 million in first-quarter 2009.
The suits allege that the company knowingly failed to give the government the same discounts it provided to private purchasers of its drugs, as required by laws governing the Medicaid program, and as a result avoided paying hundreds of millions in rebates due to state programs for Protonix Oral and Protonix IV.
Between 2000 and 2006, Wyeth offered steep discounts to thousands of hospitals nationwide if both drugs were bought together under a bundled arrangement that involved up to 94% off the list price of Protonix Oral and 80% off for Protonix IV. The DoJ claims the discounts were not passed on.
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