Medical Malpractice Whistleblower Case Against Wyeth Pharmaceuticals Settled
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The immunosuppressant drug Rapamune was at the center of a lawsuit which was recently settled for $257.4 million.
Two sales representatives for the Wyeth Pharmaceutical company brought a whistleblower case against the company for alleged marketing abuses of the drug and this eventually lead to an investigation into the company’s practices by the Justice Department and several states.
The FDA had approved the drug Rapamune for patients who had undergone kidney transplants. The drug suppresses the immune response and reduces the risk of the body rejecting the new organ. However, the company was accused of misleading marketing practices and touting the drug for purposes it had not been approved for.
The Department of Justice had originally declined to intervene in the case back in 2006 when the case was filed in 2005 in U.S. District Court for the Eastern District of Pennsylvania. But attorneys for the whistleblowers moved forward with the case, filing an amendment to the case in 2010. This change sparked the interest of U.S. House of Representatives Committee on Oversight and Government Reform, which then began a formal inquiry.
In the settlement agreement the accusations against the company are described. For more than a decade the company had apparently been marketing Rapamune unlawfully. These practices included promoting the drug for uses that had not been approved by the FDA. Wyeth had promoted using the drug for patients that had undergone transplants of organs other than the kidneys, for procedures that were not covered under federal health care programs, or for transplant patients whose treatment regimens were not approved by the FDA. Such treatment regimens included using the drug in addition to other immunosuppressant or other drugs that had not been tested in conjunction with Rapamune.
Unlawful marketing practices by pharmaceutical companies can lead to a guilty verdict that is often accompanied by hefty penalties. Taking advantage of vulnerable patients and putting their very health at risk at a time when it already hangs in the balance is a serious matter and is truly reprehensible. The hope is that the significant settlement will cause Congress to take notice as additional oversight is an immediate necessity. Putting patients in harm's way in order to make a profit is unacceptable for these pharmaceutical giants and Congress must take a stand in order to make sure that these pharma giants are held accountable.
If you or a family member had been the victim of medical malpractice or product liability in the state of Missouri it is important that you contact a Missouri personal injury lawyer as soon as possible. An experienced attorney will be able to determine the type of case you will pursue, conduct an investigation, and determine what damages you are entitled to. Victims should not have to suffer further harm, physical, emotional, or financial, because of another person's mistake or negligence.
ABOUT THE AUTHOR: Kevin Davidson
At the Zevan and Davidson Law Firm we have the expertise and the resources needed to find and get key information about the cause and fault of those responsible for your pain and suffering.
I am a trial lawyer. My law firm is dedicated to seeking justice for personal injury victims and their families. Every day, I fight for my clients and their families, many of whom have suffered greatly as a result of gas explosion, driver error, product malfunction, medical malpractice or the negligence of another.
Copyright Zevan and Davidson Law Firm, LLC
More information about Zevan and Davidson Law Firm, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The FDA had approved the drug Rapamune for patients who had undergone kidney transplants. The drug suppresses the immune response and reduces the risk of the body rejecting the new organ. However, the company was accused of misleading marketing practices and touting the drug for purposes it had not been approved for.
The Department of Justice had originally declined to intervene in the case back in 2006 when the case was filed in 2005 in U.S. District Court for the Eastern District of Pennsylvania. But attorneys for the whistleblowers moved forward with the case, filing an amendment to the case in 2010. This change sparked the interest of U.S. House of Representatives Committee on Oversight and Government Reform, which then began a formal inquiry.
In the settlement agreement the accusations against the company are described. For more than a decade the company had apparently been marketing Rapamune unlawfully. These practices included promoting the drug for uses that had not been approved by the FDA. Wyeth had promoted using the drug for patients that had undergone transplants of organs other than the kidneys, for procedures that were not covered under federal health care programs, or for transplant patients whose treatment regimens were not approved by the FDA. Such treatment regimens included using the drug in addition to other immunosuppressant or other drugs that had not been tested in conjunction with Rapamune.
Unlawful marketing practices by pharmaceutical companies can lead to a guilty verdict that is often accompanied by hefty penalties. Taking advantage of vulnerable patients and putting their very health at risk at a time when it already hangs in the balance is a serious matter and is truly reprehensible. The hope is that the significant settlement will cause Congress to take notice as additional oversight is an immediate necessity. Putting patients in harm's way in order to make a profit is unacceptable for these pharmaceutical giants and Congress must take a stand in order to make sure that these pharma giants are held accountable.
If you or a family member had been the victim of medical malpractice or product liability in the state of Missouri it is important that you contact a Missouri personal injury lawyer as soon as possible. An experienced attorney will be able to determine the type of case you will pursue, conduct an investigation, and determine what damages you are entitled to. Victims should not have to suffer further harm, physical, emotional, or financial, because of another person's mistake or negligence.
ABOUT THE AUTHOR: Kevin Davidson
At the Zevan and Davidson Law Firm we have the expertise and the resources needed to find and get key information about the cause and fault of those responsible for your pain and suffering.
I am a trial lawyer. My law firm is dedicated to seeking justice for personal injury victims and their families. Every day, I fight for my clients and their families, many of whom have suffered greatly as a result of gas explosion, driver error, product malfunction, medical malpractice or the negligence of another.
Copyright Zevan and Davidson Law Firm, LLC
More information about Zevan and Davidson Law Firm, LLC
View all articles published by Zevan and Davidson Law Firm, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
