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Joy P. Clairmont

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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 share), Aventis 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 share).

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 personal concerns.

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. Mass.).
  • 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).
  • United 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 Schering-Plough).
  • 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).