Eric L. Young from Young Law Group, P.C. (YLG), representing an anonymous whistleblower, disclosed today that Endo Health Solutions, Inc. (“Endo”), has agreed to a civil settlement of $475 Million to resolve its civil liability under the federal False Claims Act by unlawfully promoting Opana ER, a dangerous opioid drug that was removed from the market by Endo at the FDA’s request. The U.S. government and YLG’s whistleblower complaint both accused Endo of unlawfully billing Medicare, Medicaid, TRICARE, and other federal healthcare programs, exacerbating the ongoing opioid crisis.
“Today’s announcement serves as clear notice that the pharmaceutical industry’s questionable, and often illegal, practices will not be tolerated,” said Eric L. Young. “This settlement is another important step in pushing back against Big Pharma’s efforts to increase the use of deadly drugs by unsuspecting patients.”
YLG filed its qui tam Complaint against Endo in 2019. Since that time, YLG and its courageous whistleblower client worked closely with the Civil Division of the U.S. Department of Justice, the U.S. Federal Bureau of Investigation, the Office of the United States Inspector General (“OIG”) and the United States Department of Health & Human Services to assist in an ongoing criminal and civil investigations of Endo involving alleged unlawful marketing and sales of Opana ER, a powerful opioid agonist pain killer indicated for the relief of moderate to severe pain in patients requiring continuous around-the-clock opioid treatment for extended periods of time.
YLG’s qui tam complaint claimed that Endo Pharmaceuticals falsely promoted Opana ER as having “crush resistant” properties to deter misuse like snorting or injection. In reality, the drug was not resistant to tampering or abuse. The complaint also alleged that Endo’s marketing aimed to portray Opana ER as safer than other opioids to physicians, potentially leading to more prescriptions of this hazardous and addictive drug.
“Our client has demonstrated remarkable courage and perseverance in coming forward and working with the government to present evidence of Endo’s alleged wrongful misconduct and seeing the case to its final resolution after more than a decade,” said Mr. Young.
U.S. ex rel. [Redacted] v. Endo Int’l plc, Case No. 19-cv-80574 in the United States District Court for the Southern District of Florida.