Pharmaceutical Industry Whistleblower Cases

Below, a whistleblower attorney talks about how handling a whistleblower case in the pharmaceutical industry is different from bringing a False Claims Act case in other industries. If you need to retain legal counsel for your case, feel free to call Tony Munter for a free evaluation.

Some pharmaceutical companies are so big that they have the capacity to compartmentalize issues with pharmaceutical whistleblowers and not necessarily immediately crack down on them. Aside from that, being a whistleblower in the pharmaceutical industry is not necessarily different for the whistleblower’s experience than other industries.

The Pharmaceutical Industry Is Really, Really Big

The pharmaceutical industry is a big industry making an awful lot of money off the government. Prescriptions are a big part of what the government pays for under the Medicare and Medicaid and medical devices are also a big part of what the government pays for under Medicare and Medicaid.

Another interesting aspect of being a whistleblower in this industry is that if you have a strong pharmaceutical fraud case, then the case will likely apply to practices across the country. If you are marketing a pharmaceutical illegally in Washington D.C. you are probably doing the same thing in Massachusetts, so that can be a very large case very quickly. In terms of how the whistleblower might be treated within their own company, that is a question of going from company to company. A company that is committing fraud in the first place is unlikely to be happy with the whistleblower.

Though that the success of False Claims Act in prosecuting False Claims Act cases against the pharmaceutical industry in the past 10 to 15 years has improved some practices in the pharmaceutical industry.

The Pharmaceutical Industry Is Highly Regulated

The pharmaceutical industry is highly regulated. How a drug comes to market, what you can say about a drug in marketing materials, what you can do to encourage doctors to prescribe a drug – these are highly regulated issues and because drugs are also paid for largely through government programs to the extent that if there is something wrong in the pharmaceutical industry, if something is wrong there is a high degree of likelihood that it can create a False Claims Act case and it can also be violating regulations in law and so I think that that is perhaps a little unusual.

Pharmaceuticals are highly regulated for obvious reasons. If you take a drug that is unsafe or bad for you, it can become a very serious medical issue indeed. If drugs are distributed improperly, that can become a very serious medical issue and a public safety issue.

So there are a lot of law and regulations to support whistleblowers if they are bringing False Claims Act cases in the pharmaceutical industry, assuming of course that the whistleblower’s complaint has merit. So yeah, to that extent it may be a little different.