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McCabe Rabin Announces $39 Million Qui Tam Settlement

Qui Tam Settlement | West Palm Beach False Claims Act

McCabe Rabin, P.A. announces the settlement of a nationwide qui tam case against pharmaceutical giant Endo Pharmaceuticals Inc., and several of its subsidiaries, arising from the sale of under-strength multivitamins with fluoride.  Under the settlement, the federal government and the Medicaid programs of 26 states will share in a $39 million recovery.

McCabe Rabin, P.A. represented Dr. Stephen Porter, a Florida dentist, who discovered that one of the major brands of chewable fluoride multivitamins on the market, Qualitest, contained less than half the labeled dosage of fluoride.  These products are commonly prescribed by doctors and pediatricians to children who live in areas without fluoridated water.  The American Dental Association and the American Academy of Pediatrics recommend that all children under the age of 16 who live in communities without fluoridated water take daily fluoride supplements.

The law firm filed a qui tam lawsuit in the Southern District of New York in 2013 under the False Claims Act seeking to recover the millions spent for these half-potent drugs by federal and state healthcare programs.

Firm partner Ryon McCabe praises Dr. Porter for his hard work and fortitude throughout the course of the investigation. “The most important thing to Dr. Porter was to remove the defective product from circulation, which this lawsuit accomplished,” said McCabe.  The settlement also returns millions to the taxpayers.

McCabe thanks Assistant United State Attorney Li Yu of the Southern District of New York, as well as Jay Speers, Counsel to the National Association of Medicaid Fraud Control Unit, who worked tirelessly with Dr. Porter to bring this case to settlement.

The lawsuit is titled U.S. ex rel Porter v. Endo Pharmaceuticals, et al, 13-Civ-1506, United States District Court, Southern District of New York.

The Department of Justice Press Release can be found by clicking here.

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