The $100 million settlement resolved a lawsuit that was filed in 2011.
The former owner of a Cherry Hill nursing home won a $100 million whistleblower settlement against PharMerica Corp., a pharmacy that serves nursing homes and other long-term care institutions, the plaintiff’s Philadelphia law firm Berger Montague PC announced Wednesday.
In a lawsuit originally filed in 2011, Marc Silver — who owned Silver Care Center — alleged that PharMerica violated the Anti-Kickback Statute and False Claims Act by underpricing some drugs Medicare paid for in order to secure other Medicare- and Medicaid-funded drug business that was much more lucrative.
The lawsuit in U.S. District Court for the District of New Jersey took a winding road to settlement. A District Count judge dismissed the case in 2016, but two years later the Third Circuit Court of Appeals in Philadelphia reinstated the case. PharMerica agreed to settle the case in November 2023 without admitting liability, according to a Securities and Exchange Commission filing from PharMerica’s parent, BrightSpring Health Services Inc.The company, based in Louisville, Ky.
“At PharMerica, we comply with federal and state regulations, evaluating our policies and procedures on an ongoing basis to ensure we always operate in the best interests of the customers and patients we serve,” the company said. Berger Montague said the settlement will return $70 million to federal and state governments, even though the U.S. Department of Justice did not take up Silver’s case. The law firm did not specify how much Silver would get for his role as a whistleblower.
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