Whistleblower Recordings Sink Amgen in Misbranding Aranesp

Whistleblower/Qui Tam Lawyer

A long time employee of Amgen, Jill Osiecki, wore a recording device, hidden under her shirt to catch Amgen in their misbranding of the blockbuster drug Aranesp.  With all the alleged federal oversight, it is still the whistleblowers who are the best resource for catching “big pharma” in their schemes to defraud the public.  Amgen bragged about giving a $10,000 “unrestricted grant” to a special doctor who was an advisor to the local Medicare contact.  He used the funds for his own project. 

For the money the doctor helped convince the Medicare contact to provide reimbursement for prescribing Aranesp for unapproved uses.  Aranesp is an anemia drug and cannot be prescribed for other uses.  This was an open and shut illegal Medicare reimbursement scheme based on false claims, and the Federal False Claims Act allowed New York Attorney General Eric Schneiderman to leverage Amgen to pay a $612 million national settlement for marketing these drugs for kidney disease and cancer over the past decade. 

Amgen pleaded guilty to a criminal misdemeanor in Federal Court that will require an additional $150 million fine.  This outcome concluded a five-year investigation into Amgen’s marketing practices, and will settle the claims in all 50 states and the District of Columbia.  How much money did Amgen actually make on Aranesp?  I can’t imagine.  It appears the drug companies make more than enough to continue to take liberties with illegal marketing schemes and other illicit practices.  This is just one in a long series of huge settlements which are helping to refund the prosecution’s coffers.

What Do You Think About GlaxoSmithKline's $3 Billion Settlement?

 

Florida Qui Tam

Doesn't it just astound you how drug companies can continue to get busted on breaking the law and then pay mind-boggling, incredibly large fines and STILL have the capacity to break the law again?

Pretend you actually owned a drug company.  Even if it wasn't your drug company that was previously caught manipulating doctors, selling off label, and generally breaking any rule or regulation you wish, simply to drive sales - wouldn't another drug company's punishment be enough to scare you away from doing those same actions? Obviously the answer is a resounding NO. I continue to ask myself, how can this be?  This GSK $3 billion settlement proves to me that drug sales over time are so incredibly profitable that breaking the law and paying huge fines is of no consequence to the drug companies!   As a shareholder in large companies it would bother me tremendously to learn that our company is either acting illegally or unethically within the medical community.  

However, we see no shake-out in major shareholders from those drug companies. It will be interesting to see if any large shareholders pull out of GSK now that this settlement has been announced. Institutional shareholders make their decision as to whether to retain the stock of any investment solely based on the level of profit and return on investment over time. They will not consider the moral legal or ethical obligations they have to their shareholders to invest in only those stocks that play by the rules. 

So here is the lesson that we, the public, must learn about corporate behavior:  when thinking about corporate behavior, the only consideration is the bottom line!  There is no room in a corporation's behavior or in an institutional investment strategy for legal, moral or ethical obligations to be upheld unless those decisions negatively impact the profit.  Otherwise, if paying $3 billion makes you $27.5 billion then everyone is happy, right?

As the powerless muddled masses who look at the world around us, we need to support the only social system that protects us (normal, working class people) from them (powerful corporations who can pay $3 billion fines with a smile on their face).  The only weapon the average US Citizen has against the large corporate entity is the power of the jury trial. That is it! No other system keeps law breaking corporate entities in check. Obviously billion dollar fines don't scare them.  If we lose our right to go to court to redress our grievances we will lose our ability to protect ourselves and our loved ones from the profit-motivated amoral decisions of the large corporation. 

Something to think about!