A federal jury in New York has returned “one of the largest damages verdicts rendered by a jury in a False Claims Act case” — almost $136 million, with an owed amount that is expected to grow to more than $406 million — against long-term care pharmacy Omnicare, the Department of Justice announced Tuesday. An Omnicare spokeswoman told McKnight’s Senior Living that the company is “disappointed” with the verdict and plans to appeal the decision.
The company, part of CVS Health, was found liable for fraudulently dispensing drugs without valid prescriptions to residents of assisted living communities and other residential long-term care facilities. The verdict was unanimous.
“After a four-week trial, the jury found that Omnicare billed Medicare, Medicaid and TRICARE for over three million false claims resulting in $135,592,814 in damages. Under the federal False Claims Act, the government is entitled to three times the amount of these assessed damages, or $406,778,442, plus statutory penalties to be determined by the Court,” US Attorney for the Southern District of New York Jay Clayton said Tuesday in a statement. “This is one of the largest damages verdicts rendered by a jury in a False Claims Act case.”
The jury also found CVS Health Corp. liable for causing Omnicare to submit false claims.
“While we thank the jury for their service and appreciate their dedication to the judicial process, we’re disappointed with the verdict and plan to appeal the decision,” Amy Thibault, CVS...
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