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Big Pharma Flouts Laws on Off-Label Uses

Billions in fines don't stop illegal promotion

By Sarah Quinn,  Newser Staff

Posted Nov 9, 2009 8:19 AM CST

(Newser) – Back in 2004, a unit of drug giant Pfizer pleaded guilty to marketing a drug, Neurotonin, for unapproved uses, paid $430 million in fines, and promised to clean up its act—which it had no intention of doing. "At the very same time Pfizer was in our office negotiating and resolving the allegations of criminal conduct in 2004, Pfizer was itself in its other operations violating those very same laws," Boston's acting US attorney tells Bloomberg. The result? The company's record $1.19 billion fine in September.

Though Pfizer has been in the hot seat lately, it's hardly alone. Since 2004, seven major drug makers, including Bristol-Myers Squibb and Eli Lilly, have paid a total of $7 billion in fines and penalties. Six have admitted marketing drugs for unapproved uses. So why do they keep doing it? It pays. Companies often spend $1 billion to develop a new drug, and they want doctors to prescribe it. “They’re drivers that knowingly speed," says a USC med school professor. "If stopped, they pay the fine, and then they do it again."



Drugs are prepared for shipping at the Pfizer plant in Lincoln, Neb., on Sept. 2, 2009.
Drugs are prepared for shipping at the Pfizer plant in Lincoln, Neb., on Sept. 2, 2009.   (AP Photo/Dave Weaver, file)
In September, Pfizer paid the largest criminal fine in US history: $1.19 billion over the marketing of Bextra.
In September, Pfizer paid the largest criminal fine in US history: $1.19 billion over the marketing of Bextra.   (Photo: Business Wire)
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COMMENTS
Showing 3 of 19 comments
tomodachi
Nov 10, 2009 12:48 PM CST
@dearlizzie: Good job... you got them to fix the error of their weighs.
luluzz
Nov 10, 2009 9:58 AM CST
fancyg... thank you so much for your candid information, I appreciate it. I live in a pretty small area outside of L.A. but trying to find a doctor I can trust has been hard, because I'm on medicare and have an HMO. I will ask my new pain management doctor her opinion. thanks again
fancygapva
Nov 10, 2009 3:54 AM CST
@newzjunkie I'm a psychologist and I have worked with many psychiatrists, sat in on med sessions in which it was used, known psychiatrists who lectured for Phizer and bragged about how many scrips of Neurontin they wrote, have known the patients as a psychologist and see how little of the intended effect it had. I work with developmentally disabled people, many of whom have seizures and when Neurontin first came out it was supposed to be the final word in seizure control, but it wasn't. I am also taking a small dose for diabetic neuropathy. I can't tell you which way to go. For me, before I went on Medicare Part D a tiny dose of Lyrica was far superior to Gabapentin (the generic for Neurontin). But it's something you need to talk with your neurologist about. If you don't trust your neurologist ask for a second opinion.

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