by Stephen A. Jonas, Ericka Aiken, and Athena Katsampes

In December 2019, Teva settled with DOJ for $54 million to resolve False Claims Act (FCA) allegations that, among other things, Teva induced physicians to write prescriptions for drugs that treat multiple sclerosis and Parkinson’s disease by paying them as “speakers” or “consultants” in connection with sham speaker programs and events.  The Teva settlement was one of a wave of settlements in 2019 that involved allegations of pharmaceutical companies improperly compensating physicians through sham speaker programs. 

Speaker and educational programs are common tools by which pharmaceutical companies pay healthcare providers, including doctors and nurse practitioners, to speak about the benefits, risks, and best practices of prescribing companies’ drugs.  While most frequently intended to educate the medical community, these programs could give rise to liability under the federal Anti-Kickback Statute (AKS) and FCA if used by companies to induce providers to write prescriptions for companies’ drugs. Continue reading →