According to a Department of Justice press release dated May 9, 2025, “The Justice Department announced today that Assertio Therapeutics Inc., formerly known as Depomed Inc., (Assertio), a pharmaceutical company headquartered in Lake Forest, Illinois, has agreed to pay $3.6 million to resolve claims that Assertio violated the False Claims Act (FCA) by causing the submission of false claims for the transmucosal immediate-release fentanyl (TIRF) drug Lazanda for individuals who did not have breakthrough cancer pain.”
The United States “alleges that Assertio placed high-volume TIRF prescribers on its speakers’ bureau and advisory boards and developed its “Signature Support Program” to ensure that Lazanda prescriptions would be approved by insurance companies, including Medicare Part D plans… resulting in the submission of false claims to Medicare and TRICARE from thirteen high-volume prescribers.”
“The civil settlement includes the resolution of claims under the qui tam, or whistleblower, provisions of the FCA by Noelle Webb and Nicole Novellino, who previously worked at Assertio as sales representatives. The FCA authorizes private parties to sue on behalf of the United States for false claims and share in any recovery. The qui tam case is captioned United States ex rel. Webb et al. v. Assertio Therapeutics Inc., f/k/a Depomed, Inc., No. 1:17-02309 (D.D.C.). Pursuant to the settlement, relators will receive a $657,000 share of the settlement amount.”
Link to 5-page Department of Justice press release below