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News Release

For Immediate Release
October 26, 2012

Contact:
Karin M. Eckel, Assistant Attorney General
(603) 271-1256

Attorney General Announces Medicaid Settlement with Boehringer Ingelheim & Abbott Labs

Attorney General Michael A. Delaney announces that New Hampshire has joined with other states and the federal government to settle allegations that Boehringer Ingelheim Pharmaceuticals, Inc. (BIPI) paid kickbacks and engaged in off-label marketing campaigns that improperly promoted four drugs: Atrovent, Combivent, Micardis and Aggrenox. BIPI, a Connecticut based company, will pay the states and the federal government $95 million dollars, of which $34,468,649.22 will go to the Medicaid programs to resolve civil allegations that the company unlawfully marketed Aggrenox, Combivent, Atrovent and Micardis and thereby caused false claims to be submitted to the government health care programs. As part of the settlement, New Hampshire will receive $91,354.98 in restitution and other recovery.

Specifically, this settlement resolves allegations that BIPI unlawfully marketed these drugs for a variety of non-FDA approved indications, including Aggrenox for certain cardiovascular events such as myocardial infarction and peripheral vascular disease; Combivent for use prior to another bronchodilator in treating Chronic Obstructive Pulmonary Disease; and Micardis for treatment of early diabetic kidney disease. Additionally, the settlement resolves allegations that BIPI knowingly promoted the sale and use of Combivent and Atrovent at doses that exceeded those covered by federal health care programs and that BIPI knowingly made unsubstantiated claims about the efficacy of Aggrenox, including that it was superior to Plavix. Finally, the agreement resolves allegations that the company paid kickbacks to health care professionals as inducement to prescribe.

As a condition of the settlement, BIPI will enter into a Corporate Integrity Agreement (CIA) with the United States Department of Health and Human Services, Office of the Inspector General, which will closely monitor the company's future marketing and sales practices.

A National Association of Medicaid Fraud Control Units (NAMFCU) Team participated in the investigation and conducted the settlement negotiations with BIPI on behalf of the states and included representatives from the Offices of the Attorneys General for the states of Ohio, Florida, Virginia, South Carolina and Oregon.


New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658