Joy Clairmont is a shareholder in the Whistleblower, Qui Tam
& False Claims Act Group at Berger & Montague, which has
recovered more than $1.5 billion for federal and state governments,
as well as over $100 million dollars for the firm's whistleblower
clients. Ms. Clairmont also has experience practicing in the areas
of securities fraud and ERISA.
Ms. Clairmont has been litigating whistleblower cases for over
ten years and has particular expertise regarding fraud in the
healthcare, pharmaceutical and medical device industries. She
has worked on cases involving kickbacks, pricing fraud, off-label
marketing, defective medical devices, overbilling, false billing,
Stark violations, and medically unnecessary devices and procedures.
Ms. Clairmont has successfully represented whistleblower clients in
federal and state cases throughout the United States.
Some of the firm's significant qui tam recoveries
include: GlaxoSmithKline ($150 million; $26 million whistleblower's
Pharmaceuticals ($190 million; $32 million
whistleblower's share), and AstraZeneca
($124 million combined settlement with three other drug companies
for Medicaid rebate fraud; $10 million whistleblower's
The qui tam provisions of the federal False Claims
Acts, and many corresponding state Acts, allow a private citizen
with knowledge of fraud to bring a case on behalf of the government
against companies or other entities cheating the government.
Individuals who help the government to fight fraud and recover
taxpayers' money are awarded 15-25% of the total recovery.
Whistleblower cases are often complex matters which present
unique procedural and substantive challenges. Ms. Clairmont
possesses the specialized knowledge and skill necessary to
successfully litigate these actions. She has worked closely with
many whistleblower clients in investigating and litigating their
fraud actions. She has vigorously pursued her clients' claims, all
the while remaining sensitive to confidentiality and their other
Prominent Judgments & Settlements
Some of the more significant cases in which Ms. Clairmont has
been involved include:
- United States et al. ex rel. Lauren Kieff v. Wyeth
Pharmaceuticals, Inc., Civil Action No. 03-CV-12366-DPW (D.
- United States ex rel. Ven-a-Care of the Florida Keys Inc.
v. Dey Laboratories, et al., Civil Action No. 05-11084 (D.
Mass) ($280 Million settlement in December 2010).
- State of Florida v. Dey et
al., Civil Action No. 98-3032A (Leon Cty., Fla.) ($15
million settlement - $6.5 million settlement with Dey; $8.5 million
settlement with Roxane).
States v. AstraZeneca Pharmaceuticals, LP, Civil Action
No. 06-231 (D. N.H.) ($124 million combine settlement with
AstraZeneca, Mylan, UDL and Ortho-McNeil).
Unites States v. Bristol-Myers Squibb Co., Civil
Action No. 95-1354 (S.D. Fla.) ($515 million global settlement
against Bristol and its subsidiary Apothecon).
- State of Texas ex rel. Ven-A-Care of the Florida Keys
Inc. v. Warrick Pharmaceuticals et al., Civil Action No.
GV002327 (Travis Cty., Tex.) ($27 million settlement with
- In re
Sunbeam Securities Litigation, Case No. 98-8258 (S.D.
Fla.) ($142 million securities fraud settlement).
- In re Clarus Corp. Secur. Litig., 201 F. Supp. 2d
1244 (N.D. Ga. 2002).