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Hodgson russ helps clients in largest-ever false claims act settlement
Hodgson Russ Helps Clients in Largest-Ever False Claims Act Settlement in Risperdal Lawsuits Against Johnson & Johnson
HODGSON RUSS CLIENTS AMONG WHISTLEBLOWERS
Mr. Oliverio continued, “This settlement, which is the largest
FCA relator share settlement in history, follows on the heels of another whistleblower suit, in which we served as lead
The Justice Department announced that Johnson & Johnson
counsel, that resulted in the largest FCA settlement in West-
will pay $1.273 billion to the federal government and most
ern New York history. I am incredibly proud of the work our
states to settle a civil False Claims Act investigation into its
team is doing to support our clients in these matters.”
oﬀ -label marketing of its antipsychotic drug Risperdal. J&J will settle a criminal investigation into the matter for an additional
In addition to serving as the chairman of Hodgson Russ, Mr.
Oliverio also leads the ﬁ rm’s False Claims Act and Business
Crimes, Regulatory Oﬀ enses & Corporate Investigations
Two of the J&J whistleblowers are represented by a Hodgson
Russ team led by Daniel C. Oliverio. Other team members were Joseph V. Sedita and Robert J. Fluskey, Jr.
Risperdal, once J&J’s best-selling drug, was approved by the
FDA in 1993 for psychiatric disorders including schizophrenia.
According to documents ﬁ led with the court, the company
also sought to sell Risperdal for unapproved uses that in-cluded bi-polar disorder, dementia, and mood and anxiety disorders, among others.
Aft er the local case against J&J was ﬁ led in Western New
York in 2004 for its oﬀ -label marketing of Risperdal, the
federal government consolidated this case in Philadelphia
with four other similar cases related to Risperdal marketing. In False Claims Act cases like this one, whistleblowers are entitled to a share of the proceeds; the two whistleblowers represented by Hodgson Russ will share in 15 percent of the settlement awards.
Mr. Oliverio said, “As one of only a few major law ﬁ rms to have
experience successfully representing corporate clients in
defending complex whistleblower litigation as well as select whistleblowers, we feel we were exceptionally well positioned to represent our remarkable clients in this case.”
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