Whistleblower Suit Documents Pfizer's Fraudulent Marketing Of Bextra

What exactly did Pfizer do to get the federal government to impose a $1.195 billion criminal fine, the largest in U.S. history, against the company?

Former Pfizer sales representative John Kopchinski provides the answer in a qui tam suit filed against Pfizer in 2003. The complaint, which was brought under the False Claims Act, details how Pfizer promoted off-label uses and doses of its COX-2 inhibitor Bextra (valdecoxib) and paid financial inducements to doctors to get them to prescribe the drug (see chart: " ¹ Scripts For Scrips: Pfizer's Program To Boost Bextra Sales ").

The ² complaint, which launched the federal and state investigations of Pfizer, was unsealed when Pfizer's $2.3 billion settlement with DoJ was announced on Sept. 2 (see ³ (Also see "Pfizer's Record-Breaking $2.3 Bil. Settlement With U.S. Attorney Imposes New Restrictions on Corporate Behavior" - Pink Sheet, 7 Sep, 2009.)). The criminal fine, which relates to the off-label marketing of Bextra, is the largest piece of the agreement.

Kopchinski worked as a Pfizer senior specialty representative in Florida from 1992 to 2003. He was one of six relators to receive a portion of the settlement; his take of $51.5 million was the largest. He also will receive an undetermined reward under state false claims laws.

The complaint provides a look at the kind of practices that can lead to legal troubles. Other companies have faced similar allegations in False Claims Act suits and in personal injury litigation. Whistleblower suits against Merck alleged the company paid doctors for training and consultation to get them to prescribe Merck drugs. Last year Merck reached a $650 million settlement with the DoJ to resolve these and other claims (⁴ (Also see "Merck Marketing, Pricing Practices Lead To Settlement With Justice Dept." - Pink Sheet, 11 Feb, 2008.)).

- Brenda Sandburg ( ⁵ [email protected] )