Franklin v. Parke-Davis case David Franklin (scientist)

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franklin s suit, filed under false claims act, claimed parke-davis (since acquired pfizer) had used fraudulent scientific evidence supported tens of thousands of payments doctors consultations , studies encourage them prescribe drug conditions including migraine, bipolar disorder , attention deficit disorder, though approved use adjunctive treatment in patients partial seizures , postherpetic neuralgia. prescribing drug such off-label use not illegal, promoting such use prohibited u.s. food , drug administration , federal law.


the case revealed company marketed drug these illnesses while withholding evidence drug not effective these illnesses. after denying wrongdoing, pfizer pleaded guilty on 13 may 2004 criminal violation of federal food, drug, , cosmetic act , paid criminal fine of $240 million , $152m state , federal healthcare programmes. under false claims act, dr franklin received $24.6m part of settlement agreement.


franklin v. parke-davis opened unique window pharmaceutical industry practices through ucsf s archiving , study of documents obtained franklin’s attorney thomas greene. case unique in number of ways: largest settlement obtained u.s. taxpayers in case not joined department of justice, established new standard of accountability pharmaceutical industry marketing practices, broadened use of false claims act include fraudulent marketing claims (not financial fraud) criminal violations of federal , state law, revealed involvement, complicity , active participation in fraud many renowned physicians, , demonstrated medical literature foundation medical practice (particularly off-label prescribing physicians) has been adulterated pharmaceutical industry , paid clinical consultants.








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