The Amgen Sales Rep, The Doctor And The Dog
17 CommentsBy Ed Silverman // December 1st, 2010 // 8:10 am
More than a decade ago, Elena Ferrante worked as an oncology sales rep for Immunex and would leave her Yorkshire Terrier puppy in her car when visiting docs. One day, though, a nurse suggested Ferrante bring the dog inside in hopes of giving chemo patients a psychological lift. The gambit worked and soon Ferrante was bringing Justine with her into various offices, but only if given permission.
“I brought pictures of my dog like some people bring pictures of their children with them,” she says. “My dogs are my children. And most people are interested in dogs. But it was always in a carrier. And I never brought her in if she wasn’t wanted. She would brighten the day for chemo patients. She would sit in their lap. You know, these are people who are going through chemo, which is very tough.”
Her oncology manager, she says, was not thrilled, but in late 2001, after she switched to dermatology, her new manager made it clear that she should no longer bring the dog into offices. So she stopped. But in 2005, three years after Amgen bought Immunex, she was fired, although not given a reason. Ferrante, however, believes she was canned because she refused to engage in alleged off-label marketing of the Enbrel rheumatoid arthritis med. As previously noted on this site, Amgen faces several probes from various authories looking into HIPAA violations, as well as consumer fraud laws and state false claims acts concerning the drug.
In fact, Ferrante has been locked in a long-running arbitration dispute with the biotech and has also filed a $10 million lawsuit claiming wrongful termination (look here). Along the way, she says Amgen suddenly claimed she was fired because she wrongfully brought her dog on sales calls, despite having been warned not to do so. And the biotech singled out visits to Babar Rao, a dermatologist, who she says may have seen the dog two or three times, but never complained to her or anyone else about the little Yorkie. “I never got any indication from Dr. Rao that there was an issue,” she tells us.
And so, Ferrante’s attorney decided to depose Rao and learned that, in fact, he never had complained about the dog. As far as Ferrante and her attorney, Lydia Cotz, are concerned, the dog was a pretext. “He testified under oath that he never complained to anyone at Amgen about my client ever bringing in a dog nor did anyone from Amgen contact him to discuss whether or not my client brought a dog into this office,” says Cotz. “Yet, that was the crux of the reason Amgen wrongfully terminated my client?
“The dog became the sole focus of their defense. But the entire reasoning had been fabricated. They used a fabricated reason to fire my client because she complained about the illegal off-label marketing of Enbrel and resisted their directives to sell Enbrel off label,” she continues. “Her managers submitted two certifications – not one of them mentioned the dog as the reason for being terminated. She should have never been fired. And now, their defense has become defenseless.”
Her argument has a bite to it, so we wrote Amgen for a reply, but have not heard back. As for Rao, he did not respond to a message left with his office.
industry insider
She took the term “ride along” too far. If she wants get her dog trained as a certified therapy dog, that’s fine, and she visit patients in her spare time. But not on the job. Likewise, I don’t particularly believe in the value of the “bring your kid to work day”, which apparently has been liberally extended to “bring your pet boa constrictor to work day”.
Sisyphus
She “would leave her Yorkshire Terrier puppy in her car…”? She should have been arrested for animal cruelty. I don’t care what part of the oountry she lives in. It get too hot in cars certain times of the year.
Pharma Manager
This is ridiculous. Problem number one is the organization should’ve taken immediate steps to address the issue at onset. There is a proper way.
For the rep to think it is/was appropriate under any circumstances to have her dog in the car during working hours and in offices is a joke. Another example as to why we in pharma are the laughing stock to those peering into our industry.
If she wins, the organization should hopefully learn a lesson about addressing inappropriate behavior immediately and appropriately.
Sounds like this person would’ve sued the company if the dog caused a car accident by obstructing her view too. Just plain silly.
industry insider
This woman reminds me of the bank robber who fell through the bank’s skylight, then sued for injuries.
Susie Queen
Just so you know, Amgen’s fleet policy prohibits animals in the vehicle. She should have been fired just for that reason alone…
Pharma Knows
I’m reading these comments and I have never seen so many apologists for Amgen. What gives?
The point is that Amgen uses this as a supposed reason to justify the rep’s firing years after she got the boot.
M
Seriously… had a counterpart that brought her dog to work everyday. She also occasionaly brought him into clinics and left her company car running daily for hours in parking lots with the AC or heat running to keep the dog comfortable. There really is legitimate reasons to fire people who waste company dollars to keep their dogs happy.
Captain Obvious
Hello? She brought that dog uninvited into a hospital department where not only are dogs already prohibited, but where surgeries are performed and patients are tested for allergies. What kind if idiot needs to be told that this is unprofessional and unacceptable?
jason bornstein
Dog in office? Whats wrong with that considering the following:
1. sales reps dressing up for halloween and visiting customers to talk about prescription medications? thats OK and encouraged by management
2. Making “birthday” cakes with drug names on them for launch purposes, encouraged by management, cakes to tell people about potentially dangerous medications, thats OK
3. Bringing in candy, doughnuts, pastry, flowers, cookies, etc etc to sell serious medications? encouraged by management, thats OK
4. Providing free lunch to office staff who never stop to hear what company is providing the lunch, what med is being talked about, just taking free food, no business being conducted as many times the doctors are too busy to stop by to talk with rep, encouraged by management and thats OK?
5. Conducting dinner meetings with free food and wine intended for doctors but 90% of the attendees are staff and nursing? encouraged by manangement and thats OK?
I can go on, but i think having a puppy along is more useful than having some district manager with you, at least the puppy is making freinds with office staff, getting you extra time with the doctors, and spreading some joy in a otherwise depressing chemo suite, all the replies above approving of amgen and what they did are the reason customers no longer want to se reps, short sighted angry little people in home office ruined this buisness
Alan Davis MD
As Medical a Doctor and a former drug Rep DOGS DO NOT BELONG IN MEDICAL FACILITIES PERIOD !!!!
CASE SHOULD BE THROWN OUT MONEY GRUBBING LAWYER AND DOG OWNER
Mannie R
I agree with Jason Bornstein! All this other stuff is OK and encouraged, except the flowers.
Doc
Cut the bitch (Justine) a break, dogs are used in nursing homes, prisons and other areas as a comfort to people.
Laura
Judging from the comments on this site, most of you have completely missed the point of the article.
Amgen directed its employees to engage in illegal and unethical marketing practices. Violations of HIPAA, as well as medicare and medicaid fraud. They used the dog issue as a pretext for firing this highly successful representative.
If any of you consider pharma reps to be a laughing stock- examine your own behaviours and consciences.
And as for “Dr” Davis: Therapy dogs are used in numerous medical facilities these days- including the Harvard Hospitals. Time for you to catch up on modern times.
Woof
Alan,
I witnessed a therapy dog this week inside a chemo suite at a major hospital on the east coast. Plus, the dog was dressed in a costume and had her nails painted pink… Go figure
Also, I would be more concerned with the dog’s health considering the lack of cleanliness and MRSA at most hospitals.
Snoop Dog
Doc
Laura,
Unfortunately, what Amgen did and how they got rid of Ms. Ferrante seems more the rule than the exception in pharma off-label cases. The corporations will do virtually anything to protect the corporation, people (and in this case the dog as well) are expendable.
This is the current state of the industry in many cases.
Chipper
Our industry has been ruined by Managed care companies, the drug companies behaviors, and apethetic Physicians who worry more about money they make on procedures and drugs used within thier offices. The unfortunate piece of this story is how Amgen handled the situation and why they fired her at all. Get rid of middle management (they serve such little purpose) other than high pressure sales tactics. Just call us Customer and Drug support people and not Sales People. Everytime I think of the consequenses of eliminating our positions I think of the apethetic Doctors I talk to everyday and how the largest percentage of them wont take anytime to learn new therapies and study to better thier patients outcomes. Doctors think these old outdated therapies are acceptable because they dont want to keep current or change. Really from there perspective why should they?
industry insider
Bow wow.