Berger Montague and Reese Marketos Win $1.64 Billion False Claims Act Judgment
- On Friday, March 31, 2025, Berger Montague and Reese Marketos obtained a $1.64 billion judgment in the District of New Jersey on behalf of two whistleblowers, Jessica Penelow and Christine Brancaccio, against Janssen Products, a Johnson & Johnson subsidiary, for its unlawful marketing scheme.
- The judgment stemmed from a False Claims Act lawsuit filed in 2012 by former Janssen sales representatives Jessica Penelow and Christine Brancaccio, alleging that Janssen engaged in a deliberate and calculated scheme to unlawfully market the HIV medications Prezista and Intelence for off-label uses.
- Following a six-week trial in 2024 led by Reese Marketos, the jury found that Janssen caused the submission of 159,574 false claims to the government for reimbursement related to the two drugs, after Berger Montague overcame numerous pretrial hurdles, including defeating Janssen's motion for summary judgment in 2021 and a motion to dismiss in 2017.
- The jury initially awarded the U.S. Government $120 million in single damages on June 13, 2024, which was then trebled to $360 million under the False Claims Act, and further increased to $1.64 billion after penalties of $8,000 per false claim and post-judgment interest were added.
- U.S. District Judge Zahid N. Quraishi stated that Janssen Products engaged in a deliberate and calculated scheme involving the unlawful marketing of Prezista and Intelence, and Sherrie Savett of Berger Montague, along with Pete Marketos of Reese Marketos, expressed their satisfaction with the court's decision, highlighting the significance of the ruling for Medicare, U.S. Taxpayers, and their clients.
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