Gilead Sciences wins $175m in ongoing HIV fraud case

Gilead Sciences, a research-based biopharmaceutical company, has won again in the lawsuit levelled against clinics, prescribers, medical labs and pharmacies in relation to fraudulent claims for HIV medications.

Gilead set up the Advancing Access medication assistance programme (MAP) in 2004 which aimed to provide eligible, uninsured people with free medication to protect them from contracting HIV.

The company claims that companies and individuals enrolled patients in MAP, who were then prescribed heavily discounted pre-exposure prophylaxis (PrEP) medicines Truvada (emtricitabine/tenofovir disoproxil fumarate) and Descovy (emtricitabine/tenofovir alafenamide), which they then bought back from the patients so that the medication could be resold. As part of this scheme, Gilead maintains that the prescribers in the network performed fake wellness checks on patients, used their credentials to write fraudulent prescriptions and then submitted illegal redemption claims for money which was then divided between the conspirators.

In this most recent win, Gilead proved claims under the federal and Florida Racketeer Influenced and Corrupt Organizations (RICO) and was awarded $175m, bringing the total throughout the entire lawsuit to $250m.

A final default judgement has now been put forward against Baikal Marketing Group, Arsen Bazylenko and Tatiana Rozenblyum which, if won, could increase Gilead’s payout by $131.4m. Another $43.7m has been entered against Priority Health Medical Centre and Nick Myrtil.

James Spargo