Attorney Jan Schlichtmann

Links: www.civilaction.com

Email: jan@schlichtmannlaw.com

Phone: (866) 222-2123

Jan R. Schlichtmann is one of the country’s most notable plaintiff’s attorneys. Mr. Schlichtmann specializes in the area of complex civil litigation including consumer, environmental, product, toxic, and mass tort litigation. In 1973, Mr. Schlichtmann graduated Phi Beta Kappa from the University of Massachusetts at Amherst and in 1977 earned his law degree from Cornell. While at law school, he clerked for the U.S. Senate Judiciary Committee and after graduation joined the staff of the U.S. House Special Select Committee on Assassinations as special counsel. In 1978, Mr. Schlichtmann began private practice in Massachusetts as a trial lawyer earning recognition for obtaining some of that state’s highest verdicts and settlements in civil torts.

In 1986, Mr. Schlichtmann received national recognition for his representation of eight Woburn, Massachusetts families against W.R. Grace and Beatrice Foods for the contamination of the Woburn City water supply. The groundbreaking nature of the Woburn case and Mr. Schlichtmann’s work in it has been the subject of a number of national and international television and radio shows, press reports, and magazine stories including “60 Minutes” and “Nova,” as well as articles in legal and scientific journals and books. Mr. Schlichtmann’s career and involvement in the Woburn case was chronicled in the national bestseller, “A Civil Action” that became a major motion picture starring John Travolta as Mr. Schlichtmann.

Mr. Schlichtmann has served on the faculty of the New England School of Law and Suffolk Law School’s continuing legal education program, and has been on the faculty of the National Judicial College in Reno, Nevada. He has lectured at many of the nation’s law schools and colleges and spoken before numerous national and regional professional and civic groups, has appeared on a number of the country’s major radio and television shows, and has participated in an array of public forums on issues of law, public policy and the environment. In addition, Mr. Schlichtmann has consulted with and testified before several governmental agencies and legislative committees on issues of toxic waste liability and the civil justice system.

In 1990, Mr. Schlichtmann, as a member of a special legislatively mandated committee, helped author a complete revision of the Massachusetts Hazardous Waste Cleanup Statute which was enacted into law July of 1992. Martindale-Hubbell Law Directory has accorded Mr. Schlichtmann its highest ratings for both legal ability (“A” preeminent) and general recommendation of the bar and judiciary (“V” very high). Mr. Schlichtmann has been listed in “The Best Lawyers in America.”

Nov 6 Washington DC Demonstration Against Keystone XL Oil Pipline: Guest Elizabeth Shope, NRDC

Environmental activists and concerned citizens wil be encircling the White House in an effort to urge President Obama to reject the Keystone XL pipeline. This proposed 2,000 mile pipeline will stretch from Alberta Canada to our Nations Heartland and terminate at the GulfCoast. The payload is tar sands oil from under Canada's Boreal forest home to many unique species of song birds. This highly toxic oil is corrosive to pipes and poses a serious and likely threat to the ecosystem and food producing areas of our country. This is a diverse coalition of laborers, farmers, ranchers, environmentalists and concerned citizens from varied geographic locations such as the Gulf Coast, Appalachia, Vermont and the Nation's Heartland; uniting in this urgently important demonstration and debate. Chief among the organizers is NRDC Founding Director John H. Adams who will be leading a group of NRDC staff members in this effort. Many other groups are expected to join in to send the message to the President. To learn more about the November 6th gathering to Washington, DC to encircle the White House to ask President Obama to reject Keystone XL, visit: www.nrdc.org/energy/nov6

Country's Longest Operating Solar Facility Celebrates 30th Anniversary: Hosted by Jan Schlichtmann

This historical technological monument was funded and built during the Carter Administration as part of the Photovoltaic Demonstration Project initiative. The country was motivated to find answers to the energy crisis and our dependence on foreign sources. It is the sole remaining facility in operation of the original eight demonstration sites established across the country. During the interview, Lisa Lillelund of Mango Networks, and a Clean Energy Advocate, brings to light the unique history and significance of this solar field located in Beverly, Massachusetts. The park's location was selected due largly from the efforts of a prominent Massachusetts resident and M.I.T scientist, Dr. John Coleman. Over the past several years, a wind turbine and photovoltaic array located on the rooftop of newly built Beverly High School have been added to the mix of sustainable renewable energy. The current combined yield of these solar and wind installations is 193-kilowatts and helps supply the high school with electricity. Beverly High School, which is a green school has been a proving ground for the many of the significant advances over the years which have lead to more efficient output and reduced costs of alternative energy solutions. Fred Hopps, the Director of Greenergy Park, points out that the site was originally conceived and constructed as an experiment on solar energy. "There was an uncertainty as to how this technology would hold up over time. And each year we learn how resilient and reliable solar power can be, not only for homes and businesses but as an industry." For more information about the positive impact of schools going green have on the environment and the economy, follow this link to the article, Beverly High Ranks High Among Green Buildings, by Lisa Lillelund.

"Blood Feud" Author Kathleen Sharp Interview

Blood Feud is Kathleen Sharp’s superbly reported, breathtakingly true story of Big Pharma’s power, the terrifying vulnerability of innocent patients, and what it takes to stand up for what is right. Buy the book at Amazon Procrit. It seemed to be a miraculous blood booster. This anti-anemia drug was one of the first biotech blockbusters and promised a golden age in medical care. Developed in the 1980s by the start-up Amgen and licensed to the pharmaceutical giant Johnson & Johnson, the drug was sold by the two companies under the brand names Procrit, Epogen, and Aranesp. It soon generated billions in annual revenue—and still does. Mark Duxbury, a gung ho salesman for J&J’s new biotech division, championed this new product and believed in the technology behind it. Always at the ready with a joke and a smile, his knowledge and passionate pitches set sales records and won company awards. His star rose. But in the early 1990s, he and his peers were told to steal business from J&J’s partner, Amgen. Then came the biased marketing studies, the off-invoice rebates, doctor payments, and off-label promotions. Duxbury tried to stop some of these ruthless practices, but was soon fired on trumped-up charges. Then he attempted to warn the public about the dangers in any way he could: by testifying in a secret arbitration, joining a class action effort, and filing a whistleblower suit. But he was thwarted at nearly every turn—until the surprising final act. Dean McClellan was Duxbury’s sales colleague. He tried to beat his buddy’s record and wound up selling $170 million worth of the drug, becoming a company legend. When Duxbury got fired, McClellan tried to distance himself. But as news of Procrit’s deadly power started to surface, McClellan agreed to hand over thousands of damning documents and help his friend blow the whistle on J&J. Enter Jan Schlichtmann, protagonist of the bestselling book and Oscar-nominated movie A Civil Action. When he learned of Duxbury’s mission, he felt the old fire rising in his belly and signed on. Now he’s gambling on yet another long shot, fighting on behalf of not just millions of cancer patients, but for every American who cares about their health.

Computer Anti-Hacking Law With Guest Attorney Leon Weiss: Host Jan Schlichtmann

Jan Schlichtmann interviews attorney Leon Weiss about the Leon Walker case. Walker is charged with a five-year felony after accessing his wife’s email on a shared computer and using some of the information in their divorce proceedings. High profile cases of computer and phone hacking have made headlines recently. Attorney Weiss has a front row seat as the courts attempt to navigate complex legal issues relating to privacy, intellectual property and the internet. Case Update: The Michigan Court of Appeals in June issued a stay in the computer hacking trial of Leon Walker. Defense attorney Leon Weiss says in issuing the stay of Walker’s trial, the Appeals Court ordered Oakland County Circuit Court Judge Martha Anderson to issue a written opinion of why she denied his motion to dismiss the charge, and took the Oakland County Prosecutor to task. “And the court also said this, quote, “This court concludes that serious questions exist as to whether this felony criminal statute was intended to be applied to domestic relations cases of the sort presented here,” close quote,” said Weiss. Weiss says if the case goes against his client, parents who check their kids’ facebook accounts could be subject to up to five years in prison. The defense attorney says amendments have been introduced to clarify the Michigan Anti-Hacking Law.

Jan Schlichtmann-Scarlett Johansson Hacking Raises Legal Questions

The growing propensity for celebrities and others to have their phones hacked is creating increasing alarm among the celebrity and political community as the law needs to keep pace with the growing ability of sophisticated telephone and other devices to record and transmit the most intimate audio and visual content around the Net. Apart from legal concerns generally and an almost certain increase in lawsuits relating to privacy and other issues, the law is able to protect private material that is illegally obtained, the real issue is how to set up effective enforcement measures that will protect celebrities and even perfectly normal people from having their most private lives "hacked." Trial lawyer Jan Schlichtmann discusses what needs to be done so the law can catch up with technology.

Supreme Court asks Obama administration to weigh in on Johnson & Johnson kickback scheme

Early today the US Supreme Court requested that the Solicitor General file a brief in the case of ORTHO BIOTECH PRODUCTS, L.P. V. UNITED STATES, EX REL. DUXBURY.

A copy of the order is available here.

This case, as outlined in todays Wall Street Journal law column, and also discussed on The SCOTUS Blog, is about the desire by Johnson & Johnson to get clarity on some technical questions related to the False Claims Act, or Qui Tam law, and hopefully spike one of the largest whistleblower cases in US history if it proceeds ahead to trial.

(Full disclosure, two of the principals of The Legal Broadcast Network, Attorney Jan Schlichtmann and Mark Wahlstrom are involved in this case as lead counsel and consultant to the litigation group.)

This case, which has been previously covered by The Wall Street Journal, and was thought to be dead thanks to a lower court ruling, was brought back to life by the US Court of Appeal in August and is now being aggressively argued on both sides as the relators in the case continue to press for trial so the full extent of the alleged scheme of rebates, kickbacks and illegal payments can be exposed, accounted for and the taxpayers reimbursed for the billions in alleged over charges.

On today's Speaking of Justice, lead attorney Jan Schlichtmann joins Scott Drake to discuss today's ruling by the Supreme Court, the implications on the case and the next steps for the whistleblowers as they continue to press the US government to join this case. Estimates of the over charges are between $3 billion and $10 billion and you would think with healthcare and government control of expenses being a hot political item, that the Obama Justice Department will be carefully watched as to how they approach this potentially huge case.

Jan Schlichtmann Discusses Widespread Medicare Fraud

Of all the problems facing the United States right now, none are more important than health care.

President Obama says rising costs are driving huge federal budget deficits that imperil our future, and that there is enough waste and fraud in the system to pay for health care reform if it was eliminated.

At the center of both issues is Medicare, the government insurance program that provides health care to 46 million elderly and disabled Americans. But it also provides a rich and steady income stream for criminals who are constantly finding new ways to steal a sizable chunk of the half trillion dollars that are paid out each year in Medicare benefits.

In fact, Medicare fraud - estimated now to total about $60 billion a year - has become one of, if not the most profitable, crimes in America.

This story may raise your blood pressure, along with some troubling questions about our government's ability to manage a medical bureaucracy.

(Source: CBS News)

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Jan Schlichtmann Discusses Amgen Qui Tam

Jan Schlichtmann discusses the claims and the similarities to his Procrit case.

The Indiana Attorney General’s Office joined in a lawsuit along with 13 other states against Amgen Inc., alleging the pharmaceutical manufacturer illegally promoted its anemia-treatment drug Aranesp by offering physicians kickbacks and other illegal inducements to prescribe it.

The multi-state investigation and lawsuit was initiated by a company whistleblower, a former sales and marketing professional in California, who came forward about alleged illegal marketing practices.

Under the federal False Claims Act, a whistleblower who exposes Medicaid fraud is able to share in any resulting monetary damages, through what is known as “qui tam” (pronounced “key tam”) litigation. In this qui tam case, a private individual filed suit in 2006 on behalf of the government to recover public funds wrongly paid due to health care fraud. The case remained under seal while the states and the federal government investigated.

“Today, we are intervening and joining the case as plaintiffs,” Indiana Attorney General Greg Zoeller said. “Our office wants to encourage whistleblowers to come forward so that pharmaceutical-marketing fraud is exposed and public dollars wrongly paid out are recouped.”

Named as defendants in the multi-state action are: Amgen Inc., based in Thousand Oaks, Calif., that manufactures Aranesp; International Nephrology Network or INN, a group-purchasing organization based in Frisco, Tex.; ASD Healthcare, a medical wholesaler also based in Frisco, Tex.; and its parent companies, AmerisourceBergen Specialty Group and Amerisource Bergen Corp., based in Chesterbrook, Pa.

The Indiana Medicaid Fraud Control Unit or the MFCU – part of Attorney General Zoeller’s office – is handling the case in Indiana. Other states intervening as plaintiffs in the suit are California, Delaware, Florida, Hawaii, Illinois, Louisiana, Massachusetts, Michigan, Nevada, New Hampshire, New York, Tennessee, Virginia and the District of Columbia. The states today officially joined the lawsuit, filed in U.S. District Court for the District of Massachusetts, following a federal-state investigation.

Specifically, the MFCU alleges:

-The defendants allegedly marketed an unapproved monthly dosing regimen of Aranesp for use in treating patients with chronic kidney disease who are not receiving dialysis.

-Since 2002, Amgen allegedly offered providers free “overfill” vials of Aranesp. The complaint alleges that providers were encouraged by the defendants to bill Medicaid for the free Aranesp product by submitting ineligible drug-reimbursement claims. This allegedly was intended to increase market share over a competing anemia drug, Procrit. The fraudulent reporting also meant the state Medicaid programs received rebate amounts lower than those to which they were entitled.

-Amgen, International Nephrology Network and ASD Healthcare allegedly conspired to offer illegal kickbacks to medical providers, such as paying sham “honoraria” fees to physicians to attend all-expense-paid meetings in order to increase Aranesp sales.

As a result, Medicare and Medicaid programs paid thousands of ineligible claims on Aranesp prescriptions potentially totaling millions of dollars, the complaint alleges.

Betweeen October 2005 to October 2009, Indiana Medicaid has paid $10,345,966.24 in total claims for Aranesp. The number and value of the claims that were ineligible in Indiana has not been determined, according to the MFCU.

Aranesp (darbepoetin alfa) is an injectable drug developed and manufactured by Amgen to stimulate and boost production of red blood cells in the body. Approved by the FDA in 2001 to treat anemia from chronic renal failure and in 2002 to treat chemotherapy-induced anemia, Aranesp has been a lucrative product for Amgen, with total sales estimated at $11 billion since the drug first was introduced on the market. The FDA in 2007 issued a “black box” warning – the most serious type of warning on a drug’s label -- due to potentially severe side effects from Aranesp, including increased risk of death, serious cardiovascular events and tumor growth. Physicians are encouraged to prescribe the lowest effective dose to improve blood counts enough to avoid transfusion, medical references say.

“The allegations in this lawsuit are disturbing. Pharmaceutical marketers promoting Aranesp used improper tactics to induce physicians to artificially boost sales of this drug, resulting in needless Medicaid claims where taxpayers got stuck with the bill,” Zoeller said. “If this lawsuit succeeds in recovering what the public has been defrauded, then we hope it will empower whistleblowers in other companies to bring to light similar medical frauds.”

Any employee in the health care field who is aware of fraudulent claims on Medicare or Medicaid is urged to contact the Attorney General’s office at 1-800-382-1039.

“This lawsuit allows us to recover Medicaid money that Amgen should never have claimed. At the same time, it allows us to handsomely reward an honest whistleblower,” Allen K. Pope, director of the Indiana Medicaid Fraud Control Unit, said. “Through Medicaid, our society gives our neediest neighbors the best health care in the history of the world, for free. Unfortunately, someone at Amgen perceived Medicaid not as an opportunity to serve, but as an opportunity to fleece the taxpayers. Taking on this lawsuit is our way of punishing that conduct and encouraging good.”

A whistleblower who becomes a plaintiff or “relator” in a qui tam lawsuit could share in a percentage of any money recovered. In a previous qui tam case involving drugmaker Pfizer Inc., two groups of whistleblowers are receiving 15 percent and 18 percent respectively of a $1 billion settlement Pfizer agreed to pay in September.

In the settlement of the Pfizer whistleblower case over unlawful drug promotions, the State of Indiana received a $3.7 million recovery. In a separate whistleblower case involving Mylan Pharmaceuticals and UDL laboratories that also settled in September, Indiana recovered $482,500.

In today’s Amgen case, the original whistleblower suit was filed in 2006 in U.S. District Court for the District of Massachusetts. The lawsuit, Kassie Westmoreland v. Amgen et al, had been under seal until today, when 14 states and the District of Columbia joined the case as intervenors. The intervening states seek treble damages and civil penalties.

The FBI Broadens The Investigation of Scott Rothstein Structured Settlement Fraud

(Associated Press) Investigators say the alleged fraud scheme run by a prominent South Florida lawyer is likely to exceed $1 billion and involve thousands of investors.

Miami FBI chief John Gilles (GILL-eez) said Thursday morning that investigators want investors with attorney Scott Rothstein to come forward. Rothstein is suspected of misappropriating millions through a legal settlement investment scam.

No criminal charges have been filed yet, but in a civil complaint, prosecutors accused Rothstein of concocting a Ponzi scheme that lured millions from investors. Gilles said the investigation is likely to take weeks or longer.

In a special edition of Voices of the Law, Mark Wahlstrom and Jan Schlichtmann discuss how this fraud has smeared the structured settlement industry by falsely implying that Rothstein was selling or manipulating structured settlements, when in fact it was a standard variety, but grand scale Ponzi scheme based on the cash now industry that is plaguing the legal profession.

Listen in as The Civil Action Attorney Jan Schlichtmann discusses this fraud, it's impact on the legal profession and the need for lawyers to stand firm against ethical and financial temptations that put their clients at potential risk.

Jan Schlichtmann "Chemical Delivery Set Up Danversport Blast"

(Boston Globe) Danversport Trust lawyer Jan Schlichtmann says a Kentucky-based chemical company delivered a tanker of chemicals to an ink and paint factory, contributing to an inferno that destroyed or damaged nearly 100 homes and businesses.

Jan SchlichtmannSchlichtmann said a worker for Ashland Inc., based in Covington, Ky., also participated in filling up the 2,000-gallon mixing tank that overheated inside the CAI/Arnel factory, causing an explosion that nearly flattened the Danversport neighborhood.

“We believe this was part of a routine practice,’’ Schlichtmann said of the employee’s actions.

“That makes it particularly egregious. It was an explosion waiting to happen.’’

In a statement, Ashland said it bears no responsibility for the Nov. 22, 2006, explosion, one of the state’s worst industrial accidents.

“Ashland has great sympathy for the people in Danversport,’’ the company said yesterday. “However, as independent investigations have already determined, Ashland played no role in that event.’’

Separate investigations by the state fire marshal’s office and the US Chemical Safety Board concluded the explosion was an accident. Chemical vapors that had built up inside the plant ignited, causing the explosion, investigators concluded last year. How they ignited is not known.

An investigation by the Danversport Trust, a nonprofit formed to work out a settlement with CAI, found that a worker for Ashland assisted in unloading and distributing 6,000 gallons of alcohol and heptane into three underground storage tanks and a mixing tank that were not properly permitted, Schlichtmann said.

“We certainly think it is absolutely unlawful for a chemical supplier to leave off a potentially explosive quantity of chemicals to an unlicensed facility,’’ he said.

The state Department of Fire Services fined CAI/Arnel $400 last year for not having the proper permits to store flammable liquids and chemicals at the factory.

Jennifer Mieth, a department spokeswoman, said the responsibility for obtaining proper permits lies with the company storing and using the chemicals.

John Vorderbrueggen, the chemical safety board’s lead investigator, said the board knew about the chemical delivery but was not previously aware of an allegation that an Ashland worker may have performed work inside the factory. He said the board thinks that chemicals already inside the plant were responsible for the detonation and that the delivery was not a factor because the chemicals were put into underground storage tanks.

“We were aware they took a delivery that day. . . . I doubt that the delivery of that chemical made any difference that day,’’ he said in a telephone interview. “They had the chemicals on site.’’

A consultant hired by the Danversport Trust presented an analysis last night that showed how the blast could have been foreseen, relying on a review of the amount of chemicals stored on the site and used in the manufacturing process.

“When you think about it, they’re dumping a lot of combustible explosives off in a residential area,’’ said Erdem Ural, an explosives specialist.

The Danversport Trust recently accepted a $7 million settlement from CAI to avoid litigation. But with almost $30 million in total losses, for property damage and emotional suffering, the settlement did not come close to compensating residents for losses not covered by insurance. Many residents received less than $1,000 in settlement checks mailed last month.

Susan Tropeano, a leader of a neighborhood group called SAFE, said residents think more government oversight of chemical transportation is needed. “These companies all deliver large quantities of explosives,’’ she said.

The transport of hazardous materials is governed by federal laws. Companies that distribute chemicals must have permits and follow a safety plan, according to the US Department of Transportation.

Schlichtmann said the Danversport Trust has presented its findings to the company.

“We’re calling on them to sit down and own up to their responsibility and make this right,’’ he said. “We believe the evidence is very strong that they contributed to this explosion.’’

Although a legal complaint has not been filed against the company, Ashland said it is preparing its defense.

“Ashland fulfilled all of its duties and responsibilities and played no role in this tragic situation,’’ the company said in a statement. “We intend to vigorously defend against these meritless claims at the proper time and place, and we expect to be fully vindicated.’’