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States, Feds Sue McKesson for Repackaging Oncology Drug ‘Overfill’
A lawsuit from the federal government and 31 states accuses McKesson Corp. of repackaging “overfill” cancer drugs and fraudulently billing federal and state governments.
In the complaint filed in the Eastern District of New York, the plaintiffs claim the drug distributor repackaged and sold “overfill” from vials of oncology drugs, including Procrit and Aloxi, from 2001 to 2010 to healthcare providers, who then billed governments for them.
The governments were billed for an amount of drug product in the pre-filled syringes greater than the amount of vials originally sold by the drug manufacturers, allowing McKesson or the healthcare providers to obtain government funds for drugs that were never charged for by the drug manufacturers, the lawsuit claims.