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Follow on Google News | Whistleblower Files Amended Complaint Against Biotech, Amgen and Marketing PartnersAmgen and its Marketing Partners International Nephrology Network and ASD Healthcare, Both Owned by AmerisourceBergen Corporation, Offered Kickbacks to Medical Providers in Order to Increase Sales of Blockbuster Anemia Drug Aranesp.
By: Thomas & Associates, Kester & Isenberg The amended complaint, filed pursuant to federal and state False Claims Acts by Relator Kassie Westmoreland, a former Amgen employee, is filed the same day as a consolidated complaint in intervention brought by fifteen state Attorney General offices. These state plaintiffs recently filed notices of intervention in Ms. Westmoreland’ Ms. Westmoreland’ The suit also alleges that in some instances patients were given more Aranesp than medically indicated, because of the “overfill” Aranesp (darbepoetin alfa) is an erythropoiesis- Aranesp has been a lucrative product for Amgen with total sales reaching over $11 billion dollars since the drug was first introduced into the marketplace. To date, the federal Medicare program and the state Medicaid programs have paid billions of dollars for Aranesp treatments. However, Aranesp is not without risk to patients. In 2007, the FDA issued “black box” warnings (the most serious warning on a drug’s label) that Aranesp treatment could increase the risk of death, serious cardiovascular events and increased tumor growth and cautioned physicians to use the lowest effective dose to achieve blood counts in a range to avoid blood transfusions, but not higher. Both Ms. Westmoreland’ Amgen also allegedly conspired with its partners International Nephrology Network and ASD Healthcare, both owned by AmerisourceBergen Corporation, to offer illegal kickbacks to medical providers, such as sham “honoraria” Ms. Westmoreland, through her attorneys, issued a brief statement: “I am extremely gratified that these allegations are getting the attention they deserve and that the fifteen states intervening in my case have investigated these matters and joined my lawsuit. I want to acknowledge the extraordinary work that has been done to date, as reflected in the detailed allegations of the multi-state complaint." "In the months ahead, I will continue to assist law enforcement in this case – both the intervening states as well as the federal government in its ongoing investigation. I am committed to the truth coming out, and to the successful prosecution of this case.” For further information, contact: Robert M. Thomas, Jr. THOMAS & ASSOCIATES 280 Summer Street, 5th Floor Boston, MA 02210- (617) 371-1072 rmt@thomasandassoc.net Charles F. Kester KESTER & ISENBERG 16133 Ventura Blvd., Suite 260 Encino, CA 91436 (818) 728-3300 ckester@kesterisenberg.com # # # Launched in April of 2000, Thomas & Associates (www.ThomasandAssoc.net) Founder, Bob Thomas, is a 1985 cum laude graduate of Harvard Law School and a former Assistant United States Attorney In connection with its growing whistleblower practice, the firm is affiliated with Suzanne E. Durrell (of counsel, www.DurrellLaw.com) Thomas & Associates now has an active docket of False Claims Act (qui tam) cases filed in federal and state courts around the country. This now constitutes a significant portion of the firm's practice. End
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