Important False Claims Act Case for Sales of Defective Drugs
Will the Department of Justice Put Public Health and Safety at Risk?
Last year, the Ninth Circuit reinstated all claims of a whistleblower (also called a “relator”) brought under the federal False Claims Act (FCA) against the large pharmaceutical company Gilead Sciences, Inc., for government reimbursements for defective medications. Specifically, the suit alleges that Gilead made false statements about its compliance with Food and Drug Administration regulations regarding certain HIV drugs, resulting in the receipt of billions of dollars from the government for the adulterated drugs. The suit also alleges that Gilead retaliated against the Relator because of his investigation into Gilead’s practices. Evans Law Firm, Inc., Bonnett, Fairbourn, Friedman & Balint PC and Goldstein & Russell, PC represent the Relator. In its decision last year, the Ninth Circuit reinstated all of the Relator’s underlying False Claims Act claims and retaliation claim after the lower court had dismissed those claims. The Ninth Circuit opinion is reported at United States ex rel. Campie v. Gilead Sciences, Inc., 862 F.3d 890 (9th Cir. 2017).
Defendant Gilead petitioned the United States Supreme Court for a writ of certiorari to review the Ninth Circuit decision and Relator has opposed that petition. The petition is pending before the Supreme Court. This week, the Department of Justice (DOJ) filed a brief with the Supreme Court agreeing with Relator that the Supreme Court should deny certiorari but also advising the Court that the DOJ will move to dismiss the case after it is remanded to the trial court.
The DOJ’s decision to dismiss the Gilead case is directly contrary to its Mission Statement to “ensure the public safety” of domestic and foreign corporations that affect United States citizens, “to seek just punishment for those guilty of unlawful behavior,” and “to ensure fair and impartial administration of justice for all Americans.” A jury should decide the fate of this case against Gilead Sciences and whether we as a country will allow a corporation to sell contaminated drugs to patients without their knowledge. Our clients have endured tremendous burdens to aid the government in protecting the public, and deserve a fair chance to have their case decided by a jury under the 7th Amendment.
Our whistleblower/qui tam lawyers are dedicated to pursuing False Claims Act cases despite a wavering DOJ under the current administration. If you or a loved one has information regarding a whistleblower or qui tam case in San Francisco or elsewhere California county brought under the False Claims Act, for securities fraud before the Securities and Exchange Commission or under the Internal Revenue Code for prosecution of tax avoidance schemes including offshore schemes, contact Ingrid M. Evans and the other Evans Law Firm whistleblower and qui tam attorneys at (415) 441-8669, or by email at <a href=”mailto:email@example.com”>firstname.lastname@example.org</a>. Our attorneys have experience with complex financial contracts and large insurance companies. We can help guide your case through a jury trial or toward an equitable settlement. We handle cases involving physical and financial elder abuse, qui tam and whistleblower law, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.