As I recall the Neurontin case, W-L was promoting gabapentin for indications for which there were no data whatsoever–not even company sponsored studies, published in non-juried pseudo journals.

So it was pure body snatching.

I wish I’d kept my “baby teeth” in case I need a filling.

I like the thoughts — even if they are a non-starter, in the land of trying to “speak truth to power. . . .”

[I especially like the industry-banishment, for the truly-churlish CEOs.]

Namaste

If they lied to make more money then the punishment should be that they lose more than they could ever have possibly gained.

Oh, and by the way, employees could not be laid off during this period.

“. . .another HOLDS that the single most important. . .”

Namaste

Just one additional explanatory note: in both cases, one of the Warner-Lambert (2004) and one of the Pharmacia (2009) operating subsidiaries were kept in existence, from 1999, and 2003, respectively. WHY?

One theory holds that this was done to collect later-appearing liabilities generally; another olds that the single most important reason the subs were kept in existence — post-transaction — was to serve as felony plea cannon-fodder, for the eventual DoJ pleas/settlements/consent agreements.

Like I said — pretty darn well-insulated, from the ultimate surviving post-merger parent company executive suite.

Namaste

I agree that corporate crime is a whole different animal, and inevitably follows a different model, than criminal law more generally. That’s both because of the potential unjust consequences to innocents of debarring a company, as you’ve noted and with which I agree, and because malfeasance is often systemic enough that being able to identify particular perps, doing particular mischief, is often very difficult. Thus, your point about proving specific intent.

Both of the Pfizer pleas/settlements (’04 and ‘09 editions) involved agreeing to felony convictions — but not at the parent company level. Legal sophistry, I know — but the subsidiaries, not Pfizer, itself — pled to felonies. In the 2004 deal, it was the Warner-Lambert subsidiary (then debarred) — but Pfizer could keep selling, and most recently, it was a Pharmacia subsidiary of Pfizer.

All along, Pfizer can keep selling to the government payors.

In each case, it was the entity that had “done the crime” that agreed to “do the [non-]time“.

To be clear, here — I do not condone this state of affairs. It just is an odd and tortured outcome dictated by the way the Congress has enacted the law in this area.

One possibility always open to the local US Attorney — in settlement/plea discussions, of this sort — is to demand that executive officers in charge of the units be fired, their stock, options and bonuses be “clawed back” — and so on. . . why we don’t see jail time for at least one or two continues to vex me. But I do understand the proof of specific intent to violate the law — is very difficult, with all the intervening layers of shrugging management.

Often, moreover, the invovled executives have long since taken their parachutes and jumped.

Perhaps that is where the DoJ should next look — even at departed executives.

Fred Hassan and Carrie Cox would appear to be near the tip-top of the list of repeat offenders (Pharmacia, then Schering-Plough), in this regard — yet Hassan landed at Warburg Pinkus (with board seats at Baush & Lomb, and Time-Warner), and Cardinal Health just added Cox to its board of directors, though she has no full time gig as of the moment. Hmmmmm. . . .

Perhaps they would be good targets for Wells notices, having been at the helm of Celebrex, Bestra and, most recently, Vytorin/Zetia.

Who knows?

Namaste

I don’t understand why Pfizer, which admitted to felony fraud in off-label marketing, was not barred from Medicare/Medicaid. While, on the other hand, if J&J is convincted, they would be barred automatically.

Is this itself part of plea bargaining, or is there some other legal principle involved? The offense in question?