Fresenius Decision to Abandon Akorn Deal Based on ‘Blatant Fraud’
A Fresenius decision last month to terminate the company’s $4.7 billion merger agreement with generic drug company Akorn was based on alleged “blatant fraud at the very top level” at Akorn, Fresenius said in a recent court filing. Last month, Fresenius said its decision was based on, among other factors, “material breaches of FDA data integrity requirements relating to Akorn’s operations found during Fresenius’ independent investigation.” Fresenius offered to delay its decision in order to allow Akorn additional opportunity to complete its own investigation and present any information it wished Fresenius to consider, but Akorn had declined that offer.
According to a Reuters report, Akorn said in its lawsuit that Fresenius uncovered data integrity problems that are common in the generic drug industry and is using the concerns to cancel the transaction. “But Fresenius alleged that an Akorn executive vice president for quality assurance, whose name was redacted from the court filing, knowingly directed the submission of fraudulent testing data to the U.S. Food and Drug Administration,” the report said. The alleged fraudulent data involved an application to market Akorn’s antibiotic azithromycin, and Fresenius alleged the fraudulent scheme began in 2012. Fresenius also alleged that “the same scheme has infected” at least five other Akorn products.
Akorn has said in court documents it investigated the possible submission of falsified data and fired an executive who was involved. “Critically, azithromycin and the five other drug products in question either have never been marketed or are not currently being marketed and were never forecasted to form a material portion of Akorn’s future earnings,” the company said in one of the documents.