Becoming a Whistleblower, and exposing pharmaceutical fraud, helps ensure that drugs are only marketed for the uses for which they were approved.
Becoming a Whistleblower, and exposing pharmaceutical fraud, helps ensure that drugs are only marketed for the uses for which they were approved. Off-label marketing is profiteering at the expense of patient safety, a despiciable business practice that Whistleblowers regularly help eliminate. A healthcare system in crisis cannot afford such waste, and becoming a Whistleblower is an honorable way of doing your part.
Pharmaceutical fraud now accounts for the largest False Claims Act recoveries by the U.S. government and whistleblowers. Drug companies have been known to offer a doctor up to $10,000 worth in free trips, tickets to sports events, days at the spa, and dinner cruises. “Marketing” or as a way to “educate” doctors --- it is often simple bribery.
Pharmaceutical fraud is so pervasive that covering all the ways it happens is simply not possible. The Medicare prescription plan seems to ensure that the magnitude of this fraud will grow over time.
Drug company fraud often involves issues such as:
- off-label marketing of drugs for uses other than those approved by the FDA;
- kickbacks and other inducements to physicians, hospitals and pharmacies to prescribe specific drugs;
- charging prices to the Government that are higher than allowable by law; and
- providing false or misleading data to the FDA during clinical research trials.
Pharmaceutical fraud settlements include:
Bristol-Myers Squibb to Pay More Than $515 Million to Resolve Allegations of Illegal Drug Marketing and Pricing
Settled allegations that it:
- willfully paid illegal remuneration to physicians and other health care providers to induce them to purchase BMS drugs;
- knowingly promoted the sale and use of Abilify, an atypical antipsychotic drug, for pediatric use;
- set and maintained fraudulent and inflated prices for a wide assortment of oncology and generic drug products; and
- knowingly misreported the best price for the anti-depression drug, Serzone.
“Patients are entitled to unbiased decision-making from their physicians and should not have to worry that financial inducements or lavish entertainment have influenced their physicians’ prescribing choices.”
The relators received a total of approximately $50 million.
Cephalon to Pay $425 Million For Off-Label Drug Marketing
Settled allegations that it knowingly promoted the off-label sale and use of 3 drugs --- Actiq, Gabitril and Provigil.
“This company subverted the very process put in place to protect the public from harm, and put patients’ health at risk for nothing more than boosting its bottom line.”
The relators received a total of approximately $46.5 million.
Merck to Pay More than $650 Million to Resolve Claims of Fraudulent Price Reporting and Kickbacks
Settled allegations that it:
- failed to pay proper rebates to Medicaid and other government health care programs; and
- paid illegal remuneration to health care providers to induce them to prescribe the company’s products.
“... reflects our continuing effort to hold drug companies accountable for devising pricing schemes that deliberately seek to deny federal health care programs the same lower prices for drugs that are available to other commercial customers.”
The relators in the case received $22.5 million.
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