PROFESSIONFormer drug rep slams off-label claimsA whistle-blower lawsuit alleges that Parke-Davis engaged in an improper marketing scheme.By Jay Greene, amednews staff. Oct. 22/29, 2001. A former drug company representative is charging that officials with the Parke-Davis division of Warner-Lambert Co. made false statements to physicians about "off-label" uses of the epilepsy drug Neurontin and that those statements caused false claims to be submitted to the Medicaid program. The lawsuit also alleges that the Morris Plain, N.J.-based pharmaceutical company engaged in an illegal marketing campaign that rewarded certain physicians who prescribed higher levels of Neurontin (gabapentin) with cash and other gifts, including trips to resorts, dinners at expensive restaurants, and tickets to sporting events and the theater. During the past several years, physician leaders have bemoaned the increase in drug company spending on gifts to physicians. The AMA in August kicked off an educational campaign to inform physicians of the AMA's ethical guidelines on gifts. The Pharmaceutical Research and Manufacturers of America also is participating in the effort. The AMA's ethical guidelines prohibit physicians from taking gifts of substantial value that do not directly benefit patients. In general, unethical behavior becomes illegal when gifts are accepted in exchange for prescribing medications that the physician knows will cause false billing to payers. If the Parke-Davis lawsuit and another similar case recently settled in Illinois are any indication, the generally condemned practice of giving gifts to physicians to influence prescribing appears to be a continuing problem. In a recently settled case, TAP Pharmaceutical Products, Lake Forest, Ill., agreed last month to pay $875 million and plead guilty to a criminal charge of conspiring with doctors to overcharge Medicare and Medicaid for its prostate cancer drug Lupron (leuprolide acetate).
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Copyright 2001 American Medical Association. All rights reserved.
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