Reese Marketos Secures $100 Million Settlement in False Claims Act Litigation Against PharMerica

CAMDEN, N.J.--(BUSINESS WIRE)--A team of trial lawyers from Reese Marketos LLP reached a $100 million settlement of a False Claims Act lawsuit against pharmacy operator PharMerica Corp. on behalf of whistleblower Marc Silver. The litigation, originally filed by Mr. Silver in 2011, alleged that PharMerica engaged in a drug kickback scheme that defrauded Medicare and Medicaid.

Dallas-based trial boutique Reese Marketos was hired in 2023 by co-counsel, Berger Montague PC of Philadelphia, specifically to try the case. Berger Montague’s exceptional litigation skills and determination over more than a decade resulted in the denial of PharMerica’s summary judgment motion and a quick trial setting.

“Our trial team was hired six months before trial, and our partners Adam Sanderson and Brett Rosenthal led the unrelenting trial preparation. Like all of our cases, we wanted the opportunity to present Mr. Silver’s long-fought case to a jury, but the settlement marks an extraordinary recovery for the taxpayers in a declined False Claims Act case,” says Josh Russ of Reese Marketos.

The RM team included Russ, Sanderson, Rosenthal, Andrew Wirmani and Pete Marketos.

“We have the advantage of having a deep bench of highly experienced trial attorneys and former fraud prosecutors who can take residence in a war room and prepare for trial in short order,” says Adam Sanderson.

The case is United States ex rel. Silver v. Omnicare Inc., No. 11-1326, in the U.S. District Court for the District of New Jersey.

About Reese Marketos

Reese Marketos LLP represents clients in high-stakes disputes involving False Claims Act litigation, complex commercial litigation, commercial fraud, patent litigation, antitrust, and regulatory litigation.