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	<title>Comments on: Whistleblower Lawsuit Filed Over Baycol Fraud</title>
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	<link>http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/</link>
	<description>News, Comment and Conversation</description>
	<pubDate>Mon, 15 Mar 2010 15:17:02 +0000</pubDate>
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		<title>By: Solution</title>
		<link>http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-323967</link>
		<dc:creator>Solution</dc:creator>
		<pubDate>Wed, 30 Apr 2008 16:36:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-323967</guid>
		<description>I say lock the executives away!  It's high time they are held responsible for hiding safety data and putting corporate profits above public health.  Why does it continue?  because the companies and the executives weasel their way out by cutting a deal and admiting no wrongdoing.  This is bullcrap!!  make them pay with time in a cell!</description>
		<content:encoded><![CDATA[<p>I say lock the executives away!  It&#8217;s high time they are held responsible for hiding safety data and putting corporate profits above public health.  Why does it continue?  because the companies and the executives weasel their way out by cutting a deal and admiting no wrongdoing.  This is bullcrap!!  make them pay with time in a cell!</p>
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		<title>By: Justice in Michigan</title>
		<link>http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-321438</link>
		<dc:creator>Justice in Michigan</dc:creator>
		<pubDate>Tue, 29 Apr 2008 15:01:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-321438</guid>
		<description>Right.  The caveats are there and clear, I think.  As Former put it, I think we learn by extreme circumstances to less extreme ones.  So it is about defining moral options and how easily we can lose touch.  Milgram showed us all that a long time ago.  

For the record though: For the most part, companies (way beyond pharma) were _not_ under significant duress during WW2.  The most recent and best research shows that senior management were more likely to be true believers and/or seized the advantage of playing ball.  So the Trapp example was, in that context, a less typical one, which is what makes it interesting to me.  You didn't _have_ to be hard-core or purely mercenary to go with the flow.

Jack2 - I appreciate your coming in on this.  I wish more people from industry also had, but there are other threads in which they have.</description>
		<content:encoded><![CDATA[<p>Right.  The caveats are there and clear, I think.  As Former put it, I think we learn by extreme circumstances to less extreme ones.  So it is about defining moral options and how easily we can lose touch.  Milgram showed us all that a long time ago.  </p>
<p>For the record though: For the most part, companies (way beyond pharma) were _not_ under significant duress during WW2.  The most recent and best research shows that senior management were more likely to be true believers and/or seized the advantage of playing ball.  So the Trapp example was, in that context, a less typical one, which is what makes it interesting to me.  You didn&#8217;t _have_ to be hard-core or purely mercenary to go with the flow.</p>
<p>Jack2 - I appreciate your coming in on this.  I wish more people from industry also had, but there are other threads in which they have.</p>
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		<title>By: Jack2</title>
		<link>http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-321370</link>
		<dc:creator>Jack2</dc:creator>
		<pubDate>Tue, 29 Apr 2008 14:06:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-321370</guid>
		<description>JIM, I wasn't implying I disagreed with anything that you (or Ed, or others) stated, and I understand that you only have half of the story.    

I was just giving my opinion, which you asked for in your first post.  I didn't want to be seen as "opting out."

And Angry mentioned prosecution.

I don't like the grayness. I'm a math/science guy and while often they're impossible to find, I like clear rules and answers.</description>
		<content:encoded><![CDATA[<p>JIM, I wasn&#8217;t implying I disagreed with anything that you (or Ed, or others) stated, and I understand that you only have half of the story.    </p>
<p>I was just giving my opinion, which you asked for in your first post.  I didn&#8217;t want to be seen as &#8220;opting out.&#8221;</p>
<p>And Angry mentioned prosecution.</p>
<p>I don&#8217;t like the grayness. I&#8217;m a math/science guy and while often they&#8217;re impossible to find, I like clear rules and answers.</p>
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		<title>By: riv</title>
		<link>http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-321323</link>
		<dc:creator>riv</dc:creator>
		<pubDate>Tue, 29 Apr 2008 13:19:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-321323</guid>
		<description>Baycol Argentina
http://  www.cbgnetwork.org/4.html</description>
		<content:encoded><![CDATA[<p>Baycol Argentina<br />
<a href="http://" rel="nofollow">http://</a>  <a href="http://www.cbgnetwork.org/4.html" rel="nofollow">http://www.cbgnetwork.org/4.html</a></p>
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		<title>By: Former pharma Marketing Exec</title>
		<link>http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-321148</link>
		<dc:creator>Former pharma Marketing Exec</dc:creator>
		<pubDate>Tue, 29 Apr 2008 11:04:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-321148</guid>
		<description>Actually, I think that what Justice wrote here was appropriate.  If you look back in history you can understand how it was that with time Hitler and his buddies were able to convince the mass population about the rightness of their dogma's.  

Justice isn't saying that Bayer or pharma industry as a whole is still behaving like they did during WWII but I think it was a good reminder of how we need to all be careful with pushing our boundaries too far.

So, I do think this was in the appropriate context here.

The point being is that we all need to be more mindful of our own moral compasses and not just follow what the market is doing.  If we have learned anything at all, it must be that we need to stop and ask questions and understand why we do some of the things we do.  To me that was the point of Justice's comments.</description>
		<content:encoded><![CDATA[<p>Actually, I think that what Justice wrote here was appropriate.  If you look back in history you can understand how it was that with time Hitler and his buddies were able to convince the mass population about the rightness of their dogma&#8217;s.  </p>
<p>Justice isn&#8217;t saying that Bayer or pharma industry as a whole is still behaving like they did during WWII but I think it was a good reminder of how we need to all be careful with pushing our boundaries too far.</p>
<p>So, I do think this was in the appropriate context here.</p>
<p>The point being is that we all need to be more mindful of our own moral compasses and not just follow what the market is doing.  If we have learned anything at all, it must be that we need to stop and ask questions and understand why we do some of the things we do.  To me that was the point of Justice&#8217;s comments.</p>
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		<title>By: Chris</title>
		<link>http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-320785</link>
		<dc:creator>Chris</dc:creator>
		<pubDate>Tue, 29 Apr 2008 06:59:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-320785</guid>
		<description>This comparison with Bayer's leaders, including Ebsworth,  and Nazis is really a stretch - caveats notwithstanding - and should stop.

Decisions made in modern day pharma and those made by German companies under whatever duress was imposed in WW2 are in no way comparable, nor are the consequences.

Enough. Let's look forward.</description>
		<content:encoded><![CDATA[<p>This comparison with Bayer&#8217;s leaders, including Ebsworth,  and Nazis is really a stretch - caveats notwithstanding - and should stop.</p>
<p>Decisions made in modern day pharma and those made by German companies under whatever duress was imposed in WW2 are in no way comparable, nor are the consequences.</p>
<p>Enough. Let&#8217;s look forward.</p>
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		<title>By: riv</title>
		<link>http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-320625</link>
		<dc:creator>riv</dc:creator>
		<pubDate>Tue, 29 Apr 2008 05:05:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-320625</guid>
		<description>Quite trying to cover with gemfibrozol. 

"An unfortunate coincidence is that Gemfibrozol also utilizes that very same pathway to a significant extent."

Well so does caffeine. 

I damn near died on Baycol, and I wasn't using gemfibrozol or any other drug concurrently or drinking grapefruit juice or eating grapefruit or grapefruit hybrids. I was put on Baycol for prevention. One day when I was leaving my clinic, the Baycol rep told me, after asking who gave me the drug boxes I was carrying, that he would have to thank my doctor for putting me on Baycol. Thank my doctor. Why? How?

"An unfortunate coincidence..." my ass.</description>
		<content:encoded><![CDATA[<p>Quite trying to cover with gemfibrozol. </p>
<p>&#8220;An unfortunate coincidence is that Gemfibrozol also utilizes that very same pathway to a significant extent.&#8221;</p>
<p>Well so does caffeine. </p>
<p>I damn near died on Baycol, and I wasn&#8217;t using gemfibrozol or any other drug concurrently or drinking grapefruit juice or eating grapefruit or grapefruit hybrids. I was put on Baycol for prevention. One day when I was leaving my clinic, the Baycol rep told me, after asking who gave me the drug boxes I was carrying, that he would have to thank my doctor for putting me on Baycol. Thank my doctor. Why? How?</p>
<p>&#8220;An unfortunate coincidence&#8230;&#8221; my ass.</p>
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		<title>By: Justice in Michigan</title>
		<link>http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-320617</link>
		<dc:creator>Justice in Michigan</dc:creator>
		<pubDate>Tue, 29 Apr 2008 04:58:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-320617</guid>
		<description>A last word as this thread fades into history.  In one of the best known studies of Holocaust perpetrators, a book called _Ordinary Men_ by Christopher Browning, the commander of a troop (not SS types) that became famous for exterminating a village of 1500 people, was a guy named Trapp.  Trapp was no hard-core Nazi.  He is reported to have been upset during the massacre, pacing around and saying things like, "Man such jobs don't suit me.  But orders are orders."  He was genuinely upset and tearful.

I was immediately reminded of Trapp when I read the bit about CEO Ebworth saying, "One may not value this – but since it is the rule of the market, we as a company have to follow it."

The point is not to compare Baycol (or any other pharma event) with genocide nor is it a slam about Germans.  The reality is that this kind of moral near-sightedness - if that is what it is - is an illness that most of us share.  I count myself among them.

Most of us do what is in front of us to do.  And, in the process, it _feels_ like we have no real choice.  "Orders are orders."  "The rule of the market is the rule of the market."

None of this is real.  In actuality, no perpetrator was even lightly punished for choosing not to carry out orders during the Holocaust.  And  I doubt that Ebworth - or Baycol, for that matter -  would have faced significant consequences if he had opted out of "home-made bread."  

But we convince ourselves that the systems we are in are they only possible realities.  And we act accordingly.

It is that unreflective habit which may be part of the key to the way out.</description>
		<content:encoded><![CDATA[<p>A last word as this thread fades into history.  In one of the best known studies of Holocaust perpetrators, a book called _Ordinary Men_ by Christopher Browning, the commander of a troop (not SS types) that became famous for exterminating a village of 1500 people, was a guy named Trapp.  Trapp was no hard-core Nazi.  He is reported to have been upset during the massacre, pacing around and saying things like, &#8220;Man such jobs don&#8217;t suit me.  But orders are orders.&#8221;  He was genuinely upset and tearful.</p>
<p>I was immediately reminded of Trapp when I read the bit about CEO Ebworth saying, &#8220;One may not value this – but since it is the rule of the market, we as a company have to follow it.&#8221;</p>
<p>The point is not to compare Baycol (or any other pharma event) with genocide nor is it a slam about Germans.  The reality is that this kind of moral near-sightedness - if that is what it is - is an illness that most of us share.  I count myself among them.</p>
<p>Most of us do what is in front of us to do.  And, in the process, it _feels_ like we have no real choice.  &#8220;Orders are orders.&#8221;  &#8220;The rule of the market is the rule of the market.&#8221;</p>
<p>None of this is real.  In actuality, no perpetrator was even lightly punished for choosing not to carry out orders during the Holocaust.  And  I doubt that Ebworth - or Baycol, for that matter -  would have faced significant consequences if he had opted out of &#8220;home-made bread.&#8221;  </p>
<p>But we convince ourselves that the systems we are in are they only possible realities.  And we act accordingly.</p>
<p>It is that unreflective habit which may be part of the key to the way out.</p>
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		<title>By: Justice in Michigan</title>
		<link>http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-319791</link>
		<dc:creator>Justice in Michigan</dc:creator>
		<pubDate>Mon, 28 Apr 2008 19:34:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-319791</guid>
		<description>To Jack 2 - The information I cited was from the case that Ed linked.  I reitered several times in this thread that one must expect a brief on one side to make the strongest possible case. If I had I any access to Bayer's reponse (if there has been any), I would certainly have included excerpts from that too.  I also initially raised the question as a hypothetical - wondering especially how people in the industry would view this _if_ it were mostly confirmed.

Re: Jack2, if you do read the case as provided by Ed, you will find your sense about prosecutions to be confirmed.  While there appear to have been a few "point people" whatever culpability there was was widely spread throughout management and beyond.  So, indeed, it does not appear that singling out individuals would mean much, just as you write.

It is possible to levy criminal (as well as civil) fines against companies, not only individuals  Some of the famous $430 million fine levied against Pfizer/Warner-Lambert for the Neurontin fraud was based on criminal charges.  Just as Jack 2 describes, the DOJ's justification was how widespread and systematic the fraud scheme was in that case.

I do regret bringing in Auschwitz, although people should certainly know that history (the medical profession as a whole was deeply implicated in the Holocaust).  Still, it was a little "over the top" in this context.  I was, indeed, furious having found the excerpts that I included, and that outrage led to what followed.  I have not forgotten, however, that my outrage may turn out to be less justified when more is known.  

Also agree that gray is generally where things are, and gray is what makes things interesting.  When things go on in this industry, it very often has to do with the strange career of what began as good intentions.</description>
		<content:encoded><![CDATA[<p>To Jack 2 - The information I cited was from the case that Ed linked.  I reitered several times in this thread that one must expect a brief on one side to make the strongest possible case. If I had I any access to Bayer&#8217;s reponse (if there has been any), I would certainly have included excerpts from that too.  I also initially raised the question as a hypothetical - wondering especially how people in the industry would view this _if_ it were mostly confirmed.</p>
<p>Re: Jack2, if you do read the case as provided by Ed, you will find your sense about prosecutions to be confirmed.  While there appear to have been a few &#8220;point people&#8221; whatever culpability there was was widely spread throughout management and beyond.  So, indeed, it does not appear that singling out individuals would mean much, just as you write.</p>
<p>It is possible to levy criminal (as well as civil) fines against companies, not only individuals  Some of the famous $430 million fine levied against Pfizer/Warner-Lambert for the Neurontin fraud was based on criminal charges.  Just as Jack 2 describes, the DOJ&#8217;s justification was how widespread and systematic the fraud scheme was in that case.</p>
<p>I do regret bringing in Auschwitz, although people should certainly know that history (the medical profession as a whole was deeply implicated in the Holocaust).  Still, it was a little &#8220;over the top&#8221; in this context.  I was, indeed, furious having found the excerpts that I included, and that outrage led to what followed.  I have not forgotten, however, that my outrage may turn out to be less justified when more is known.  </p>
<p>Also agree that gray is generally where things are, and gray is what makes things interesting.  When things go on in this industry, it very often has to do with the strange career of what began as good intentions.</p>
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		<title>By: SP 1</title>
		<link>http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-319668</link>
		<dc:creator>SP 1</dc:creator>
		<pubDate>Mon, 28 Apr 2008 17:22:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/2008/04/us-sues-bayer-over-baycol-fraud/#comment-319668</guid>
		<description>I'm and MD and I've been pressured on a regular basis! I'm frankly tired of marketing people jumping up and down and screaming for their way!  They're like a bunch of spoiled kids.  Positive data - shout it from the mountaintop and put it in very large bold print.  Negative data - bury it, hide it, ignore it, or put it in miniscule print that nobody can read.</description>
		<content:encoded><![CDATA[<p>I&#8217;m and MD and I&#8217;ve been pressured on a regular basis! I&#8217;m frankly tired of marketing people jumping up and down and screaming for their way!  They&#8217;re like a bunch of spoiled kids.  Positive data - shout it from the mountaintop and put it in very large bold print.  Negative data - bury it, hide it, ignore it, or put it in miniscule print that nobody can read.</p>
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