Tuesday, October 31, 2023

[U] The Guy Who Praised Martin Shkreli's Price Gouging... Now To Pay DoJ Up To $50 Million, For Gouging Nitro OS At Nostrum Labs. Karma.


Updated -- my buddie, Ed Silverman, over at Pharmalot, has a story on it now as well. Excellent! End update.

Not at all. . . surprising.

I'll let the able DoJ staff attorneys explain. See below. But do note that this guy was praising Martin back in the 2018 time frame. That (like SBF running his mouth) now proves to be exceedingly unwise. And cost his shareholders. . . a ton.

. . .Nostrum Laboratories Inc. (Nostrum), located in Missouri and New Jersey, and its founder and CEO, Nirmal Mulye, Ph.D. (Mulye), have agreed to pay a minimum of $3,825,000, and up to $50 million if certain financial contingencies are met, to resolve allegations that they violated the False Claims Act by knowingly underpaying Medicaid rebates due for Nostrum’s drug Nitrofurantoin Oral Suspension (Nitro OS). The settlement is based on Nostrum’s and Mulye’s financial condition. . . .

Pursuant to the Medicaid Drug Rebate Program, drug manufacturers are required to pay quarterly rebates to state Medicaid programs in exchange for Medicaid’s coverage of the manufacturers’ drugs. The statute requires manufacturers to pay inflation-based rebates for drugs, which are designed to insulate the Medicaid program from drug price increases that outpace inflation. . . .

After relaunching Nitro OS in August 2018, Nostrum increased its price from $474.75 to $2,392.32 per bottle, which triggered significantly higher Medicaid Drug Rebate invoices from State Medicaid programs on account of the inflation-based rebate. . . .

“The department is committed to ensuring that pharmaceutical manufacturers meet their obligations to taxpayer funded health care programs, which support elderly and vulnerable populations,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “As this settlement demonstrates, the department will hold accountable those who knowingly fail to satisfy these obligations. . . .”


Now you know -- yep this is a. . . snowy, scary Halloween-ey story. Grin. Onward.

नमस्ते

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