Attorney General Announces $670k Settlement with Pharmaceutical Manufacturer

CARSON CITY – Attorney General Catherine Cortez Masto announced today that her office has reached a settlement with Dey, Inc. concerning allegations that Dey misrepresented the average wholesale price ("AWP") for drugs reimbursed by the Nevada Medicaid program. The alleged misrepresentations caused the Medicaid program, and other Nevada consumers, to overpay for Dey's prescription products. Dey is paying a total of $670,000.00 to resolve the issue.

Dey is one of many pharmacy manufacturers that Nevada, and several other states, have sued over the issue of misrepresenting AWP. Last year Nevada reached a settlement with GlaxoSmithKline in which GSK paid $740,000.00 to settle identical allegations.

The AWP litigation is taking place primarily in U. S. Federal District Court in Boston, MA before Judge Patti Saris. Nevada is being represented by Tim Terry of the Nevada Attorney General's Medicaid Fraud Control Unit ("MFCU") and special counsel Steve Berman of the law firm of Hagens, Berman, Sobol & Shapiro headquartered in Seattle.

"The Nevada Attorney General's Office is committed to rooting out fraud on behalf of all Nevada citizens and will vigorously pursue that fight wherever necessary," said Attorney General Masto.

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