Off-label marketing is the illegal practice of pharmaceutical companies attempting to market their drugs or medical devices for uses that the U.S. Food and Drug Administration has not approved. Pharmaceutical whistleblowers who provide the federal government with information about these activities may be entitled to a monetary reward.
A dedicated whistleblower attorney could help ensure the information is accurate and pursue the compensation that you are entitled to recover. Contact a South Carolina off-label marketing whistleblower lawyer today for assistance with a case.
There are different ways that a pharmaceutical company might attempt to off-label market their drugs or medical devices. Instead of running advertisements or announcing these uses to the public, this type of effort is usually handled behind the scenes. Drug company representatives frequently host dinners or conferences for doctors, and these alternative uses for their products could be pitched in that setting.
Drug companies might also attempt to build a demand for the drug for off-label use despite the lack of evidence that it is helpful for that condition. This could include covering up lab testing that the pharmaceutical is effective in treating an unapproved condition or illness. A South Carolina off-label marketing attorney could provide more information on fraudulent activity that could warrant a whistleblower claim.
If a pharmaceutical company promotes off-label uses for its drugs or devices and uses federal benefits to pay for them, it may be liable for fraud under the False Claims Act. This act is designed to penalize companies that use deception to fraudulently obtain money from the government.
If a whistleblower has information about these activities, they could be rewarded for submitting these details to the federal government through a qui tam lawsuit. This type of legal action could pay a monetary reward if the information provided leads to a criminal conviction or administrative action against the drug company.
The person informing the government of the fraudulent activity often works for or closely with these companies. They might be sales representatives of the company tasked with pushing the drug for unapproved uses. They could also be employees of doctors’ offices or other medical professionals who are experienced drug company workers.
These cases can be complicated, and success is never guaranteed. However, an off-label marketing lawyer in South Carolina could give a whistleblower their best chance at a successful qui tam lawsuit.
Some safeguards are built into this process and designed to help protect a whistleblower’s anonymity for as long as possible. For example, it may be an option to file the lawsuit under seal, meaning it does not become a matter of public record until after the government has had a chance to investigate the allegations.
While it is usually impossible to permanently seal a person’s anonymity, other valuable tools could help protect them once their identity is known. For starters, an attempt at retaliation could result in additional penalties.
If you have information about fraudulent marketing efforts within the drug industry, you might be entitled to pursue compensation through a qui tam lawsuit.
The right attorney could protect your identity while pursuing your legal options. Call our law office today for a consultation with a South Carolina off-label marketing whistleblower lawyer.
