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Teva Seeks Trial Postponement in Ongoing DOJ Copaxone Kickback Probe

July 31, 2023

Teva has filed a motion in district court seeking a trial postponement while an interim appeal is ongoing, the latest in a back-and-forth with the Department of Justice (DOJ) which has accused the Israeli drugmaker of defrauding Medicare via a Copaxone (glatiramer) kickback scheme involving charitable foundations.

The DOJ asserted in 2020 that Teva gave more than $328 million in alleged kickbacks to two patient-assistance foundations and two specialty pharmacies, then used one of those pharmacies to enroll Medicare Part D patients in co-pay patient assistance programs for Copaxone, its multiple sclerosis blockbuster which saw annual costs per patient skyrocket from approximately $17,000 to over $85,000 from 2006 to 2015.

Teva’s July 26 motion filed in the U.S. District Court for the District of Massachusetts argues that “if an interlocutory appeal is not permitted and Teva loses at trial, Teva faces a judgment that may exceed $10 billion, an enterprise-threatening amount that may render a post-judgment appeal impossible,” adding that no “substantial interest of the government will be prejudiced by an interlocutory appeal.” As of March 2023, Teva’s annual revenue is estimated to be $15 billion.

Read Teva’s latest motion here.

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