Pharmaceutical whistleblower lawsuits are often brought against drug companies that encourage or actively promote doctors to prescribe drugs for off label uses, provide kickbacks to doctors for prescribing certain medications, or fail to comply with FDA safety regulations and manufacturing specifications. These lawsuits can be filed by current or former employees of the drug company, pharmaceutical sales representatives, or other healthcare providers. Those who successfully bring an action against the fraudulent pharmaceutical company could receive a significant recovery for their brave whistleblowing.
If you have discovered a pharmaceutical company is defrauding the federal government and taxpayers, contact the whistleblower attorneys at Barrett Law, PLLC. We will fight for you to hold the pharmaceutical company accountable and ensure you receive the compensation you deserve. Whether you have already blown the whistle and need assistance in your action or you are preparing to blow the whistle, contact our attorneys as soon as possible to obtain the legal assistance you need.
Below we begin our look at pharmaceutical fraud, discussing the marketing of drugs for off label uses and illegal kickback programs that both give rise to potential whistleblower actions:
Marketing Drugs for Off Label Uses
When the FDA approves a prescription drug, it approves that drug only for the treatment of a specific medical condition. This approval comes after the completion of clinical trials that demonstrate the drug is effective and safe to treat just the particular order analyzed. It is against the law for pharmaceutical companies to encourage doctors to prescribe their drugs for any use not approved by the FDA. For instance, if the FDA has approved a drug to treat depression, but the pharmaceutical company informs doctors that it is also effective at treating anxiety or other conditions, then the company is engaging in misbranding, which is illegal.
The misbranding of drugs has spurred an increasing number of whistleblower actions. In some cases, pharmaceutical companies have actually encouraged their representatives, pharmaceutical or drug reps, to tell doctors about potential off-label benefits of their products. There have been several recent successful whistleblower actions based on misbranding or drugs filed under the False Claims Act.
Anti-Kickback Whistleblower Actions
Pharmaceutical companies are prevented under federal law from offering doctors any form of compensation in exchange for prescribing their drugs. Federal law prevents doctors fro, providing rebate programs, bribes, and other indirect or direct payments to doctors for prescribing certain drugs.
Federal law further makes “tying” drugs illegal. This occurs when the pharmaceutical company offers a discount on one drug to encourage the purchase of another drug. This illegal practice can give rise to a cause of action under federal law.
Anyone who has uncovered potential pharmaceutical fraud should consult with a licensed whistleblower attorney as soon as possible. Whistleblower actions are complicated and require experienced assistance. With the help of a whistleblower attorney, you can hold the pharmaceutical company responsible for its fraudulent actions.
Barrett Law, PLLC: Assisting in Complex Qui Tam and other Whistleblower Actions
Whistleblowers perform a vital function for the United States government and citizens across the nation. Whistleblowers may be eligible to receive considerable sums for bringing fraud to light through qui tam lawsuits. If you are preparing to blow the whistle or have experienced retaliation due to a whistleblowing complaint, contact the Mississippi Whistleblower Attorneys at Barrett Law, PLLC. Our outstanding Mississippi law firm will provide the experienced representation you need to obtain the best possible outcome for your case. Your whistleblower action is time sensitive so contact our office as soon as possible. Call Barrett Law, PLLC today at 1 (800) 707-9577 to schedule your free initial consultation.