Navigation Links
Whistleblower's extraordinary efforts helped win $95 million settlement with Boehringer Ingelheim
Date:10/25/2012

BALTIMORE, Oct. 25, 2012 /PRNewswire/ --  The healthcare fraud case that Boehringer Ingelheim Pharmaceuticals Inc. settled today with the government for $95 million was due in large measure to a former Boehringer Ingelheim sales representative-turned-whistleblower who made extraordinary efforts to stop Boehringer Ingelheim's pharma marketing practices that allegedly defrauded Medicare and other government healthcare programs and promoted uses of its drugs that endangered patients' health.

The whistleblower, Robert Heiden, filed a "qui tam" (whistleblower) lawsuit in 2005 with detailed allegations about Boehringer Ingelheim's kickback programs and "off-label" marketing of certain drugs for unapproved uses. He provided extensive assistance to the government's investigation. For instance, he:

  • Wore a wire and recorded conversations at the government's request.
  • Analyzed 1.5 million pages of documents and more than 2 million "call notes" pharma reps kept after each visit with a doctor or doctor's office..
  • Prepared background notebooks to assist the government with interviews of at least 15 witnesses.
  • Arranged for an undercover FBI agent to attend a marketing lecture sponsored by Boehringer Ingelheim where the speaker discussed and encouraged uses of the drug Micardis that hadn't been approved and weren't supported by research.

"Rob Heiden was an exceptionally committed whistleblower who led the charge to stop the marketing of prescription drugs for uses that hadn't been approved and could endanger patients' health," said Colette G. Matzzie, a Washington, DC, attorney with Phillips & Cohen LLP, which represents Heiden. "Even the FBI was impressed with his help, particularly that he was able to get an undercover FBI agent into a Boehringer Ingelheim marketing seminar after Rob had already left the company."

Under the False Claims Act, whistleblowers whose cases result in recoveries for the government are entitled to a reward of 15 percent to 25 percent of the recovery. For the work Heiden and his attorneys did on the case, the government is awarding Heiden over 21 percent.

The allegations involved the off-label marketing of four drugs: Aggrenox, Atrovent, Combivent and Micardis. Pharma companies are prohibited from marketing drugs for uses the U.S. Food and Drug Administration (FDA) hasn't approved, although doctors may prescribe drugs for off-label uses.

The more egregious off-label marketing charges in the whistleblower lawsuit against Boehringer Ingelheim include:

  • Promoting the use of Aggrenox as one of the best drugs to reduce the risk of heart attacks and other cardiovascular risks despite the lack of evidence to support those claims. Aggrenox had been approved by the FDA only for prevention of secondary stroke.
  • Promoting the use of Atrovent and Combivent by children to treat asthma and coughs associated with a cold or flu, when the drugs had not been tested on kids, and promoting the use of excessively high, unapproved doses of Atrovent and Combivent in patients where only lower dosages were approved and considered safe.
  • Marketing Micardis for prevention of "metabolic syndrome" (medical conditions, such as insulin resistance, that increase the risk for heart disease and stroke) and prevention of early kidney disease when the FDA had approved Micardis only for treatment of hypertension.

"I was concerned that doctors were basing their treatment decisions on false information," Heiden said. "Promoting off-label treatments with potential serious consequences just to increase sales is heinous behavior."

"Boehringer Ingelheim's alleged off-label marketing practices helped it grow from a small company to one of the largest, privately held companies in the world," said Peter Chatfield, a Washington, DC, attorney with Phillips & Cohen. "Many doctors chose Boehringer Ingelheim's products over less-expensive, equally effective drugs as a result of the company's marketing practices."

Heiden worked as a sales representative for Boehringer Ingelheim for 14 years in Florida. Phillips & Cohen filed his qui tam lawsuit in federal district court in Baltimore "under seal" as required by the False Claims Act. The government investigated the allegations and joined the case, which was unsealed after the settlement was reached.

"Assistant U.S. Attorneys Roann Nichols and Tom Corcoran, former Assistant United States Attorney Jamie Bennett, trial attorney Brian McCabe with the Department of Justice Civil Division and the state team from the National Association of Medicaid Fraud Control Units, in particular, did a tremendous job for the government," said Matzzie.

Invaluable support was provided in the investigation by the FBI, the Office of Inspector General at the Department of Health and Human Services (HHS-OIG), the FDA, the Department of Defense's Tricare program, the Office of Personnel Management and the U.S. Department of Veterans Affairs.

About Phillips & Cohen LLP
Phillips & Cohen is the nation's most successful law firm representing whistleblowers. Its cases have resulted in governments recovering more than $8.5 billion in civil settlements and criminal fines. http://www.phillipsandcohen.com. Twitter @Fraudmatters.

 

 

 


'/>"/>
SOURCE Phillips & Cohen LLP
Copyright©2012 PR Newswire.
All rights reserved

Related medicine technology :

1. GlaxoSmithKlines (GSK) $3 Billion Whistleblower Settlement Has Paid for One Of Americas Most Expensive Failed Corporate Internal Investigations, Qui Tam Whistleblowers Attorneys Say
2. New Study Details Foreign Efforts To Lure Biopharmaceutical Companies
3. Army Researcher Develops Potential Vaccine Carrier That May Give Stockpiling Efforts A Shot In The Arm
4. Global Insulin Market Expected to Reach USD 32,346.7 Million in 2018, with China Alone Accounting for 10.2%: Transparency Market Research
5. Sequenom Announces Exercise In Full Of Over-Allotment Option And Completion Of Offering Of $130 Million Of 5.00% Convertible Senior Notes
6. ChanTest Awarded $1 Million Grant for Predictive Assays using Stem Cell-Derived Human Cardiomyocytes
7. Neuralstem to Raise $7.0 Million in Registered Direct Offering
8. Elusys Awarded Additional $14.5 Million Under Existing U.S. Government Contracts Supporting Expanded Human Safety Studies of ETI-204 for Treatment of Inhalational Anthrax
9. Perrigo Company To Acquire Assets Of Sergeants Pet Care Products, Inc., For $285 Million
10. Henry Schein Announces New $500 Million Credit Facility
11. Philips ermöglicht noch besseren Zugang zu Behandlungen für häufige Todesursache in den USA durch Bereitstellung seines einmillionsten AED
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:6/23/2016)... Research and Markets has announced the addition of ... Forecast to 2022" report to their offering. ... date financial data derived from varied research sources to present ... impact on the market during the next five years, including ... sub markets, regional and country level analysis. The report provides ...
(Date:6/23/2016)... -- , , , WHEN: , ... , , , LOCATION: , , , Online, with free ... EXPERT PANELISTS:  , , , Frost & Sullivan,s Global Vice President ... Industry Analyst, Divyaa Ravishankar and Unmesh Lal, Program Manager , ... is witnessing an exceptional era. Several new demand spaces, such as ...
(Date:6/23/2016)... , June 23, 2016  Guerbet announced today that ... Supplier Horizon Award . One of ... was recognized for its support of Premier members through ... clinical excellence, and commitment to lower costs. ... this recognition of our outstanding customer service from Premier," ...
Breaking Medicine Technology:
(Date:6/27/2016)... , ... June 27, 2016 , ... "FCPX editors can ... inside of Final Cut Pro X," said Christina Austin - CEO of Pixel Film ... Final Cut Pro X users can now reveal the media of their ...
(Date:6/27/2016)... ... June 27, 2016 , ... A ... revolutionize the emergency ambulance transport experience for the millions of people who require ... has disrupted the taxi industry through the use of technology. Now, SmartEMS has ...
(Date:6/26/2016)... ... June 26, 2016 , ... On June 10-11, 2016, A Forever Recovery, a ... and World’s Longest Breakfast Table in Battle Creek, MI, where the rehabilitation facility is ... to some of the world’s leading providers of cereal and other breakfast foods. Its ...
(Date:6/26/2016)... ... ... Brent Kasmer, a legally blind and certified personal trainer is helping to develop a weight ... app plans to fix the two major problems leading the fitness industry today:, ... program , They don’t eliminate all the reasons people quit their exercise program ...
(Date:6/25/2016)... Austin, TX (PRWEB) , ... June 25, 2016 , ... ... Fellow of the American College of Mohs Surgery and to Dr. Russell Peckham for ... popular and highly effective treatment for skin cancer. The selective fellowship in Mohs Micrographic ...
Breaking Medicine News(10 mins):