Pharmaceutical fraud is a growing problem and the number of whistleblower cases brought due to the fraudulent actions of pharmaceutical companies is on the rise. In Part I of this two part series we discussed two common types of pharmaceutical fraud: off-label marketing of drugs and illegal kickbacks. These two types of fraud can engender the lives of patients by encouraging the use of drugs unapproved for particular conditions simply due to illegal incentives on the part of the pharmaceutical company.
At Barrett Law, PLLC, we believe that pharmaceutical companies must be made to comply with federal law. Federal laws regarding prescription drugs and their use are essential for the safety of consumers. If you believe you have uncovered an act of fraud or have already initiated a whistleblower action, contact our experienced attorneys as soon as possible.
The following is a look at some additional pharmaceutical fraud actions:
Whistleblowers and FDA Regulations Regarding Quality and Control Procedures
The Food, Drug, and Cosmetic Act (FDCA) makes the sale of any adulterated drug illegal. All drugs must comply with the methods and quality control procedures used in the creation, processing, packing, and holding of drugs. Drugs that do not comply are considered adulterated and therefore not able to be sold. These regulations are necessary to ensure drugs are safe for their intended use and each drug on the market has the quality and purity characteristics that the drug is supposed to contain.
Federal regulations require drug companies have an adequately trained staff, proper equipment, and follow stringent manufacturing processes. Failure to comply with federal pharmaceutical standards is considered fraud. Whistleblowers who bring this fraud to light can uncover substantial sums.
Clinical Trial Fraud
Clinical trial fraud happens when a pharmaceutical company submits false data to the FDA in order to receive approval for a new drug. If the pharmaceutical company misrepresents the outcome of trials in order to boost the supposed effectiveness of a new drug, it is committing an illegal act and it can be held accountable through a whistleblower lawsuit. Anyone who uncovers that a pharmaceutical company is falsifying clinical trial data should consult with an attorney as soon as possible.
Another cause of action exists when drug companies misrepresent medical devices. Medical devices will not need FDA approval if they are the substantial equivalent of a product already on the market. Misrepresenting a medical device so as to avoid the FDA approval process can result in liability on the part of the pharmaceutical company.
If you have uncovered any form of pharmaceutical fraud, consult with a licensed whistleblower attorney who can assist you in bringing a whistleblower action. With the assistance of an experienced attorney, you may be eligible to receive considerable compensation.
Barrett Law, PLLC: Experienced and Dedicated Whistleblower Attorneys
Whistleblowers are necessary to hold the pharmaceutical companies accountable and keep them in compliance with the law. Whistleblowers put their lives and careers on the line to uncover fraud, but they 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. We have assisted whistleblowers for over 75 years and will provide you with representation of unmatched excellence. 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.