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Editor: Mike Bothwell
Profession: Qui Tam Attorney

Category: Settlements and Verdicts

According to the government, BMS paid illegal kickbacks to physicians from 2000 to mid-2003, in order to get the physicians to promote BMS drugs. These payments were in form of consulting fees and other programs, of which some involved travel to extravagant resorts.

Allegations centered around the use and sale of the drug Abilify, an atypical antipsychotic drug. BMC allegedly encouraged Abilify's use as a pediatric drug and for dementia-related psychosis, both of which are "off-label" uses. A drug's use is considered off-label when it has not been approved by the FDA for that particular use. Here, Abilify has been approved to treat adult psychiatric disorders but not for the use in children or teenagers or for dementia-related illnesses.

Although doctors are permitted to prescribe drugs with or without FDA-approval for that particular use, companies are forbidden to promoted drugs for off-label uses.