Background image depicting pharma

Standing Up Against Fraud

A Guide for Pharmaceutical Whistleblowers

Pharmaceutical fraud is a widespread issue that puts public health and taxpayer dollars at risk. When drug companies engage in deceptive practices—such as promoting off-label drug uses, falsifying clinical trial data, or overcharging government healthcare programs—whistleblowers play a crucial role in holding them accountable. If you have witnessed pharmaceutical misconduct, understanding your legal rights and protections can empower you to take action without fear of retaliation.

At Audet & Partners, LLP, we specialize in representing pharmaceutical whistleblowers and helping them navigate the complexities of filing a claim under the False Claims Act (FCA) and other relevant laws. This guide provides an overview of what pharmaceutical whistleblowers need to know, from identifying fraud to securing legal protection.

What Constitutes Pharmaceutical Fraud?

Pharmaceutical fraud takes many forms, but the most common violations include:

  • Off-Label Drug Marketing: Promoting drugs for unapproved uses that have not been evaluated by the FDA.
  • Kickback Schemes: Providing financial incentives to doctors or healthcare providers in exchange for prescribing certain medications.
  • False Claims to Government Healthcare Programs: Overcharging Medicaid, Medicare, or the VA for prescription drugs.
  • Clinical Trial Fraud: Falsifying study results or concealing adverse drug effects to gain FDA approval.
  • Manufacturing Violations: Producing drugs in unsafe conditions or failing to meet FDA quality standards.

If you have firsthand knowledge of any of these practices within your company, you may have grounds for a whistleblower lawsuit.

Pharmaceutical employees often fear retaliation when speaking out, but federal and state laws provide strong protections. The False Claims Act allows whistleblowers (or “relators”) to file lawsuits on behalf of the government and receive a percentage of the recovered funds. The Whistleblower Protection Act and state-level whistleblower laws also safeguard employees against termination, demotion, or harassment for reporting fraud.

Key Whistleblower Protections Include:

  • Financial Incentives: If your case results in a successful settlement or judgment, you may be entitled to 15-30% of the recovered amount.
  • Confidentiality: Many whistleblower cases are filed under seal, meaning your identity remains protected while the government investigates.
  • Legal Remedies for Retaliation: If you experience workplace retaliation, you may be eligible for reinstatement, back pay, and legal fees.

Steps to Take if You Suspect Pharmaceutical Fraud

If you believe your employer is engaging in illegal practices, it’s crucial to take the right steps to strengthen your case while protecting yourself:

  1. Gather Evidence
    • Documentation is key to proving pharmaceutical fraud. Secure copies of relevant emails, internal reports, billing records, or marketing materials that demonstrate misconduct.
  2. Consult with an Experienced Whistleblower Attorney
    • Before taking any action, speak with a knowledgeable attorney to understand your rights and develop a legal strategy. Whistleblower cases require careful handling to avoid risks and maximize potential rewards.
  3. File a Whistleblower Lawsuit Under the FCA
    • If your attorney determines you have a valid claim, they will help you file a lawsuit under the False Claims Act. The government will review the case and decide whether to intervene.
  4. Remain Vigilant Against Retaliation
    • If you face workplace retaliation, document incidents and inform your attorney immediately. Legal protections exist to ensure you are not punished for exposing fraud.

Case Studies: Whistleblowers Who Made a Difference

  1. The GlaxoSmithKline Case
    • In one of the largest whistleblower settlements in history, GlaxoSmithKline (GSK) paid $3 billion to resolve allegations of off-label marketing and kickback schemes. The whistleblower, a former employee, played a crucial role in exposing the fraud.
  2. The Pfizer Settlement
    • Pfizer agreed to pay $2.3 billion after being accused of illegally promoting off-label drug use. The case was brought forward by multiple whistleblowers who witnessed unethical marketing practices.

Why Choose Audet & Partners for Your Whistleblower Case?

Navigating a pharmaceutical whistleblower case requires experienced legal counsel. At Audet & Partners, LLP, we have a proven track record of securing successful settlements for whistleblowers who expose fraud within the pharmaceutical industry. Our firm provides:

  • Decades of Whistleblower Law Experience
  • Comprehensive Legal Protection Against Retaliation
  • A Commitment to Maximizing Your Reward
  • Confidential Consultations to Assess Your Case

Take Action Today

If you have knowledge of fraudulent practices within the pharmaceutical industry, don’t stay silent. Reporting fraud protects public safety, prevents taxpayer dollars from being wasted, and ensures ethical business practices.

Helpful Resources:

Contact Audet & Partners, LLP today for a free and confidential case evaluation. Call us at 800.965.1461 or visit our website to learn how we can help you take the next steps in your whistleblower claim.

By stepping forward, you play a vital role in promoting accountability and integrity within the pharmaceutical industry. Let our team guide you through the process and fight for the protection and compensation you deserve.

Request a Free Consultation

Related Posts