Former Bayer Employee Can Proceed With Whistleblower Lawsuit

A federal appeals court has given a former Bayer employee a second chance at pressing a whistleblower lawsuit that accuses the drugmaker of illegally and deceptively marketing its Baycol cholesterol drug. However, the suit can only proceed on the grounds that Bayer cheated the US Department of Defense, not federal healthcare programs such as Medicare and Medicaid, of millions of dollars. The lawsuit, which was filed seven years ago by a former market research manager named Laurie Simpson, may become a coda in the troubled saga of the cholesterol pill. Amid controversy, Bayer withdrew Baycol in 2001 after 52 deaths and hundreds of injuries were attributed to rhabdomyolysis, a breakdown of muscle fibers that led to kidney failure. The problem appeared to occur at higher doses. Simpson, who also filed a separate whistleblower suit against Bayer over marketing of its Trayslol drug, alleges the drugmaker exaggerated Baycol efficacy and safety, downplayed risks, and concealed info about the dangers from doctors, the federal government and consumers. The lawsuit also claimed Bayer paid kickbacks to doctors and other providers to influence them to prescribe the pill, and these scripts would never have been written or paid for by the government had everyone been properly informed (the lawsuit is in two sections and can be read here and here). Last year, a federal court judge dismissed the case and ruled that Simpson failed to meet the threshold for rule 9b of the False Claims Act, whi...
Source: Pharmalot - Category: Pharma Commentators Authors: Source Type: blogs