Mixed Message

[anonymous]

Suppose at a national sales meeting a marketing VP says that it is fine to share anecdotal stories with physicians about off label promotion of a drug. Then the national sales manager comes on says that you cannot share any information about off label promotion.

If you were to then be fired for promoting the drug off label via anecdotal stories, would you have a possible whislteblower claim?

 

[WBI Law Firm]

Thank you for your question.

Any untruthful statements regarding off label promotion by a pharmaceutical company is not permitted and someone that comes forward with the information may qualify as a whistleblower. With that said, there are too many variables which can impact an off-label marketing Federal False Claims case to give you a precise answer to your question without knowing more details. For example are patients being harmed by the off label promotion? Were the anecdotal stories truthful?