Matthews Quoted on Mylan’s Potential DOJ Investigation

Partner James Matthews was quoted in a CNBC article, “Mylan ‘Incorrectly’ Classified EpiPens, Shortchanging Government: Regulators,” on September 28, 2016. The article discussed allegations that Mylan is shortchanging the government on rebates for sales of EpiPen through a misclassification resulting in shortfalls of many millions of dollars in rebates owed by Mylan to the Centers for Medicare and Medicaid Services. Matthews said if Mylan is found to have misclassified EpiPens, the company runs risks beyond, “simply repaying the amount of money they should have paid.” He explained that if the Justice Department brings a successful False Claims Act case against Mylan, “they have the ability to obtain very large, potentially massive penalties … for every violation of the False Claim Act. But beyond that, they have the ability to obtain injunctive relief. The United States could disqualify, could bar Mylan, from participating in any [federal government] programs going forward.”