A recent ruling by a federal judge has allowed the case of a former Indivior pharmaceuticals employee to proceed as a whistleblower with government support. The whistleblower suit alleges that Indivior had engaged in a conspiracy to defraud the U.S. government to reap additional financial gain.
The case of Rebecca Miller began in 2015 when she alleged that Indivior had engaged in a conspiracy with the company Express Scripts to defraud the U.S. Medicare program. According to the lawsuit, Indivior offered a kickback program to Express Scripts in the form of rebates in exchange for increased recommendations of Indivior’s opioid management drug, Suboxone.
Because of these alleged rebates, Express Scripts did not spend as much as they reported they did, allowing Indivior to fraudulently inflate its price data to the Medicare program. This action led to an artificially-inflated amount that the government paid for Suboxone. Ividior denied Miller’s allegations and moved to have the case dismissed.
After a period of deliberation, U.S. District Judge for the Western District of Virginia James P. Jones issued an opinion on October 17 affirming Rebbeca Miller’s claims and allowing the case to proceed. While he ultimately allowed Miller to continue her case, Judge Jones trimmed some of Miller’s allegations before signing off on the continuation of the case. By 2023, Miller also had the support of the U.S. government in her case.
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