Bait and switch concerns

[anonymous]

Curious on your thoughts.

Working for a company that potential created a product shortage for a patent ending drug (drug A) to help force hospitals to quickly review and add a second, non patent expiring drug (drug B) to formulary.

To help with expediting reviews, the company canceled all contracts on drug A, basically doubling the cost and trying to promote drug B as a similar yet cheaper option. However, while the cost of drug B verses drug A is cheaper today, that is not true compared to what drug A was priced at prior to canceling the contracts.

Just curious to what extent the FDA would be interested in this sort of potential unethical behavior?

It’s just tough facing customers when most of us feel like this was not the most ethical way to treat long standing customers.

Appreciate any insights.

 

[anonymous]

Curious on your thoughts.

Working for a company that potential created a product shortage for a patent ending drug (drug A) to help force hospitals to quickly review and add a second, non patent expiring drug (drug B) to formulary.

To help with expediting reviews, the company canceled all contracts on drug A, basically doubling the cost and trying to promote drug B as a similar yet cheaper option. However, while the cost of drug B verses drug A is cheaper today, that is not true compared to what drug A was priced at prior to canceling the contracts.

Just curious to what extent the FDA would be interested in this sort of potential unethical behavior?

It’s just tough facing customers when most of us feel like this was not the most ethical way to treat long standing customers.

Appreciate any insights.

That’s good business

 

[Constantine Cannon]

The FDA may be interested in this type of conduct, but it is hard to say absent a better understanding of the specific details. Some questions to consider: Can you show financial loss to the government, a violation of the securities or commodities laws, or harm to employees, investors, or others? Different whistleblower laws and programs address different harms, and there might not be a program that addresses your circumstance. Under many whistleblower laws, evidence leading to a successful result might entitle the whistleblower to a percentage of the recovery. But not all whistleblower programs have this reward feature.

The laws that provide financial rewards for whistleblowers each have some form of requirement that the whistleblower bring forth new information or analysis, and that the whistleblower report the wrongdoing within a certain time period after it happened. These “first-to-file” rules, non-public information requirements, and statutes of limitations, are different for different programs and often present complicated questions of law and fact, with many exceptions and caveats. Our law firm has compiled a list of informational resources relating to the healthcare and pharmaceutical fraud that may be of interest to you: https://constantinecannon.com/practice/whistleblower/whistleblower-types/healthcare-fraud/.

The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. If you would like more information, or would like to speak to a member of Constantine Cannon’s whistleblower lawyer team, please contact us for a Confidential Consultation: https://constantinecannon.com/practice/whistleblower/team/.