Whistleblower Greg Thorpe’s 7th Amended Complaint..


GREGt“..When you look at the detail and accuracy of Greg Thorpe‘s written complaints distributed to the highest levels of Glaxo (See ‘Document Links’ Below) it’s almost surreal that the company took no corrective action. Now more than a decade later, GSK is essentially admitting that Thorpe had been right in 2001″.. Kenney said

“…As a Colorado Springs sales representative for GlaxoSmithKline, Greg Thorpe tried to put a stop to the practice. His manager wrote him up for not being a “team player” after he objected to the free spa treatments and pedicures, hunting trips, tickets to sports games and skiing junkets that his supervisors expected him to give out to doctors and others..”

“The sky was the limit,” said Thorpe, whose whistle-blower lawsuit against his former employer ended with a $3 billion settlement with the federal government. “Those who spent more money got rewarded because they were positioning the company for more business. And it did pay off.”

“How many kids died from Paxil (and WellButrin) being pushed illegally off label?”

When GSK were fined 3 Billion dollars by the US department of Justice in 2012 (for various criminal/fraudulent activities spanning over more than a decade- which resulted in some cases- in deaths of patients/consumers) the media concentrated mainly on the headline grabbing “3 Billion dollar fine” and very little of the exhibits (and the content of the actual legal complaint) were highlighted. This is understandable, considering this was the biggest health care fine in US history, but the fine itself is only a very small part of the overall story. These exhibits reveal a sinister and sociopathic corporate culture at GSK; a culture which indicate (and considering GSK’s recent China bribe scandal– arguably- still display) an utterly callous disregard for patient health, and an insatiable appetite for fraud and corruption in the pursuit of profits.

The main whistle-blower behind this record breaking fine was a previous employee of GSK- Greg Thorpe. Greg spent 23 years with the company, but when they expected him to get involved in prescribing medications such as the anti-depressant Wellbutrin to kids, Greg felt the need to speak out. Typically, GSK responded by vilifying Greg, and making his life hell. Greg’s original mails (to the GSK upper management -about his absolute unwillingness to participate in these nefarious activities) make for sobering reading. I applaud Greg for his actions, he deserves much praise and respect for doing the right thing. He is a hero (in the true meaning of the word), and he is truly brave and courageous; however I wish I could say the same for the media coverage of the fine itself. Very little of these exhibits were printed online or in broadsheets. The coverage of the finer details was paltry. I always wondered though, why did the department of Justice not go back further than 2000 with the Wellbutrin (off label allegations)? It couldn’t be anything to do with the fact that Andrew Witty was head of marketing around 1997/98 and involved in promoting Wellbutrin also could it? surely not…

Aside from that, I was also disappointed to see that there was very little in this legal complaint about Paxil (Seroxat). However, I have since learned (from my source) that this part of the complaint should have been much longer. Again, I wonder why it was cut short? Another aspect of all this that is interesting is- the fact that there were other whistle-blowers: what was their contribution? What did they know about Paxil (Seroxat) withdrawal/suicides/birth defects etc, or other GSK crimes, where are their complaints and exhibits? Why do we see mostly stuff from Greg in the complaint? (with some input from Blair Hamrick), what did the other whistle-blowers reveal? (if anything at all?) Why do the other four whistle-blowers not speak out at all?

If either whistle-blowers Michael Lafauci, Lois Graydon, Thomas Geraghty, or Matthew Burke are reading this and they would like to contact me about anything in this post, please e-mail : truthman30@gmail.com.

Thanks.

Furthermore, it seems to me that this 3 Billion dollar fine was merely a gift to GSK from Eric Holder, he did say, after all- that some companies were ‘too big to fall’ (he later countered this with a remark that ‘there is no such thing as too big to jail’ but it seems in Glaxo’s case, this wasn’t to be). GSK provide massive employment, investment, research to US states as well as donations to US institutions, academia etc, therefore perhaps Holder was correct, shoot down the beast, and the greater good is affected- however does this make it ethically sound to slap them on the wrist for corporate manslaughter of children? Or how about the birth defects from Paxil? what amount of fines can atone that crime?

The full 7th amended complaint can be found here

Personally, I believe, these several hundred pages of exhibits were the tip of the iceberg, who knows how much more could have been unearthed?

There were thousands of reps with access to these kinds of documents, and thousands more in the company would have been aware, to some degree..

If any of them have a conscience, and are reading this, contact me (anonymously if you like) on: truthman30@gmail.com


The following are examples of exhibits (from Greg’s Complaint) detailing how GSK marketed their various products off-label illegally to doctors in the US.

GREGT

GREG2 GREG3 GREG5 GREG6  GREG11GREG3 GREG5 GREGone GREGseven GREGsix GREGten GREGtwo GREHfour

http://www.glaxowhistleblowers.com/settlement-agreement/

Glaxo’s settlement agreement and the government’s charges against Glaxo

The settlement agreement signed by GlaxoSmithKline, the federal government and the whistleblowers describes not only the terms of the settlement of the whistleblower cases but also the whistleblower claims the government supported based on its investigation.

The claims the government stated in the settlement agreement describing Glaxo’s off-label marketing of Wellbutrin, Advair, Lamictal, Zofran, Imitrex and Valtrex and the financial inducements Glaxo gave to doctors to convince them to prescribe those drugs were based largely on the qui tam lawsuit brought by Phillips & Cohen’s whistleblower clients.

For more information about the government’s claims and the settlement amount allocated to each drug, see the Glaxo settlement agreement for the whistleblower cases and the Justice Department fact sheet about Glaxo’s $3 billion settlement.

Below are the claims the government made in the settlement agreement about Glaxo’s off-label marketing of Wellbutrin, Advair, Lamictal, Zofran, Imitrex and Valtrex and financial inducements offered to doctors to prescribe those drugs. The settlement agreement also contains allegations involving Paxil, which were based on a separate whistleblower lawsuit.

  1. Wellbutrin: During the period January 1, 1999 through December 31, 2003, GSK knowingly: (a) promoted the sale and use of Wellbutrin for conditions (including weight loss, the treatment of obesity, sexual dysfunction and in combination with other antidepressants) and at dosages other than those for which its use was approved as safe and effective by the FDA, and some of which were not medically-accepted indications as defined by 42 U.S.C. §1396r-8(k)(6) for which the United States and state Medicaid programs provided coverage for Wellbutrin; (b) made and/or disseminated unsubstantiated and/or false and/or misleading representations or statements about the safety and efficacy of Wellbutrin; and (c) offered and paid illegal remuneration to healthcare professionals to induce them to promote and prescribe Wellbutrin, in violation of the Federal Anti-Kickback Statute, 42 U.S.C. ‘ 1320a-7b(b). As a result of the foregoing conduct, GSK knowingly caused false or fraudulent claims for Wellbutrin to be submitted to, or caused purchases by Medicaid and the other Federal Health Care Programs.
  2. Advair: During the period January 1, 2001 through June 30, 2010, GSK knowingly: (a) promoted the sale and use of Advair for conditions and dosing regimens other than those for which its use was approved as safe and effective by the FDA (including first line use for mild or all asthma, and for asthma previously treated by short-acting inhalers alone), and some of which were not medically-accepted indications as defined by 42 U.S.C. § 1396r-8(k)(6) for which the United States and state Medicaid programs provided coverage for Advair (b) made and/or disseminated unsubstantiated and/or false and/or misleading representations or statements about the safety and efficacy of Advair (including that Advair was superior to the single component, inhaled corticosteroid alone, for patients previously treated by short-acting inhalers alone); and (c) offered and paid illegal remuneration to health care professionals to induce them to promote and prescribe Advair, in violation of the Federal Anti-Kickback Statute, 42 U.S.C. § 1320-7b(b). As a result of the foregoing conduct, GSK knowingly caused false or fraudulent claims for Advair to be submitted to, or caused purchases by Medicaid, Medicare and the other Federal Health Care Programs.
  3. Lamictal: During the period January 1, 1999 through December 31, 2003, GSK knowingly (a) promoted the sale and use of Lamictal for a variety of conditions other than those for which its use was approved as safe and effective by the FDA (including bi-polar depression, neuropathic pain, and various other mental diseases), and some of which were not medically-accepted indications as defined by 42 U.S.C. § 1396r-8(k)(6) for which the United States and state Medicaid programs provided coverage for Lamictal; (b) made and/or disseminated unsubstantiated and/or false and/or misleading representations or statements about the safety and efficacy of Lamictal concerning the uses described in section (a) of this sub–paragraph; and (c) offered and paid illegal remuneration to health care professionals to induce them to promote and prescribe Lamictal, in violation of the Federal Anti-Kickback Statute, 42 U.S.C. §1320-7b(b). As a result of the foregoing conduct, GSK knowingly caused false or fraudulent claims for Lamictal to be submitted to, or caused purchases by Medicaid and the other Federal Health Care Programs.
  4. Zofran: During the period January 1, 2002 through December 31, 2004, GSK knowingly (a) promoted the sale and use of Zofran for a variety of conditions other than those for which its use was approved as safe and effective by the FDA (including hyperemesis or pregnancy-related nausea), and some of which were not medically-accepted indications as defined by 42 U.S.C.  § 1396r-8(k)(6) for which the United States and state Medicaid programs provided coverage for Zofran; (b) made and/or disseminated unsubstantiated and/or false representations or statements about the safety and efficacy of Zofran concerning the uses described in section (a) of this sub-paragraph; and (c) offered and paid illegal remuneration to health care professionals to induce them to promote and prescribe Zofran, in violation of the Federal Anti-Kickback Statute, 42 U.S.C. § 1320-7b(b). As a result of the foregoing conduct, GSK knowingly caused false or fraudulent claims for Zofran to be submitted to, or caused purchases by Medicaid and the other Federal Health Care Programs.
  5. Imitrex, Lotronex, Flovent and Valtrex: From January 1999 through December 2004, GSK paid illegal remuneration for speaker programs, mentorships, preceptorships, journal clubs, advisory boards (including Local and Regional Advisory Boards and Special Issues Boards), Reprint Mastery Trainings, and provided gifts (including entertainment, cash, travel and meals) to health care professionals to induce them to promote and prescribe the drugs Imitrex, Lotronex, Flovent and Valtrex, in violation of the Federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b). As a result of the foregoing conduct, GSK caused false claims to be submitted to Medicaid and certain other Federal Healthcare Programs.

http://www.justice.gov/sites/default/files/usao-ma/legacy/2012/10/09/Settlement_Fact_Sheet.pdf

Why so little on Paxil (Seroxat)?

Paxil1 Paxil2 Paxil3


http://www.theguardian.com/business/2012/jul/04/glaxcosmithkline-former-chair-3bn-us

GlaxoSmithKline: former chairman denies knowledge of $3bn US deal
Richard Sykes says pharmacy firm’s issues ‘complicated’, as FairPensions urges pursuit of executive malpractice
Sir Richard Sykes, ex-chairman GlaxoSmithKline
Sir Richard Sykes, former chair of GlaxoSmithKline, which has been criticised for ‘putting profits above ethics’. Photograph: Richard Saker

Terry Macalister

Wednesday 4 July 2012 19.54 BST
Last modified on Wednesday 1 October 2014 12.41 BST

Sir Richard Sykes, the former chairman of GlaxoSmithKline, has refused to criticise actions at the large pharmaceutical company, saying he had “not a clue” about the details of a $3bn settlement with US authorities.

But critics said the case, involving issues dating to 1997, underlined the need for tougher action, which could include certain executives being jailed.

FairPensions, the campaign for responsible investment, linked the GSK scandal to the firestorm that has engulfed Barclays bank in the past week, and said the controversies were costing the City much more than tougher regulation ever could.

Sykes, now chairman of the Royal Institution, and the UK’s largest NHS healthcare trust, said the issues concerning the pharmaceutical group, where he had been chairman, were “complicated” and he was still digesting the case, despite a corporate statement from GSK more than 36 hours earlier.

“I have not had a chance to read the newspapers and have not a clue as to what is going on,” he said, from his home in London. “It is a complicated situation with two different companies [SmithKline Beecham and Glaxo Wellcome] and they did not really start coming together till 2001.”

Sykes was chief executive of Glaxo before the £100bn merger in 2000 but then stood down as chairman of the combined GSK in the middle of 2002.

A whistleblower, Greg Thorpe, first alerted the company to the entertainment offered doctors and the culture that allegedly put profits above ethics in 2001.

Sykes suggested that the problems could have related mainly to SmithKline, prior to its merger with Glaxo.

But GSK insisted that the problem was in the US and in the past: “Since Andrew Witty became chief executive in 2008, GSK has made significant changes at all levels within the company to ensure we act with integrity in everything we do, and these matters do not reflect the company that we are today.”

The company admitted in its settlement with various American authorities that it had been offering lavish holidays and hospitality to targeted doctors and encouraged the prescription of unsuitable anti-depressants to children.

GSK also paid for articles to appear in medical journals lauding its products, and hired “independent” doctors to promote the treatments.

Thorpe raised his concerns with David Stout, who was then head of the US business, and Bob Ingram, GSK’s chief operating officer. When he was forced out of the company he took his case to the regulators, who spent almost 10 years investigating the issues.

Stout became a non-executive director of another London-listed pharmaceutical company, Shire plc, and Ingram is chairman of the biotech firm Elan Corporation.

Louise Rouse, director of engagement at FairPensions, said shareholders should be asking searching questions to ensure there is sufficient oversight of people and practices at the new companies the executives had joined.

“Even though the management has moved on, shareholders at GSK need to ensure that the root and branch reform promised on paper has in fact been carried out,” she said.

Sidney Wolfe, director of the Health Research Group at the Washington-based campaign group Public Citizen, noted that the latest fine on GSK was just the latest in a series dating back to 1991.

He said: “Until more meaningful penalties and the prospect of jail time for company heads who are responsible for such activity become commonplace, companies will continue defrauding the government and putting patients lives in danger.”



https://childhealthsafety.wordpress.com/2012/07/03/gsk-fined-us3-billion-largest-health-fraud-settlement-in-u-s-history/

GSK Fined US$3 BILLION – largest health fraud settlement in U.S. history

So hot on the heals of more fraud by Merck [Merck Vaccine Fraud – 2nd US Court Case Over MMR Vaccine] we now have more fraud by GlaxoSmithKline.  You can read the Associated Press breaking story here:

GlaxoSmithKline to pay $3 billion in fines, the largest health care fraud settlement in U.S. history – THE ASSOCIATED PRESS – Tuesday, July 3, 2012

The Justice Department said that British drugmaker will plead guilty to promoting popular antidepressants Paxil and Wellbutrin for unapproved uses. The company also will plead guilty to failing to report to the government for seven years some safety problems with diabetes drug Avandia, which was restricted in the U.S. and banned in Europe after it was found in 2007 to sharply increase the risks of heart attacks and congestive heart failure.

Instead of repeating the story we are going to set out the names of GSK’s Board and ask what they have done about this and also ask what is the next fraud to come out of the company? This is not the first time GSK has been mired in fraud.  We list below the Board of Directors of GlaxoSmithKline today – so check out who was on the board, read the following facts and then ask yourself “should they still be on GSK’s Board?” 

And don’t forget – what are we supposed to think of people like the GSK Board who hired James Murdoch of News International onto their Board of Directors to protect their reputation and then had to dump him because of all the corruption associated directly with James Murdoch at News Corporation and News International which is being examined publicly in the Leveson Inquiry.

And should British first ministers like Prime Minister David Cameron and Chancellor George Osborne cosy up to a company like GSK?  Should we as the public cross the street to avoid GSK and all who have anything to do with it?

And let us be clear about the dates – PA report:

The case against Glaxo was originally brought in January 2003 by two whistleblowers, former Glaxo sales representatives Greg Thorpe and Blair Hamrick. In January 2011, the federal government joined in the case.

BUT PA also report:

The company also will plead guilty to failing to report to the government for seven years some safety problems with diabetes drug Avandia, which was restricted in the U.S. and banned in Europe after it was found in 2007 to sharply increase the risks of heart attacks and congestive heart failure.

If 2008 is the cut-off date then is it the case that any current GSK Director on the Board prior to 2008 is one of those ultimately responsible for overseeing fraud – yes that’s right – fraud?

We can also justifiably ask, is 2008 the appropriate cut-off date or should it be October 2010 when the European Medicines Agency withdrew the licence for Avandia?  In other words the GSK Board of Directors as it was constituted up to and including October 2010 are all implicated as GSK was still marketing Avandia: European Medicines Agency experts have said Avandia, a leading diabetes drug, should be suspended from the market. BBC Health News 23 September 2010 Last updated at 17:13

As you can see of the 16 current GSK Board members, 10 were on the Board during and/or prior to 2008 and 11 up to October 2010.   So should these people be on the Board of any company?  And if not, what are they still doing there?  These are fair questions to ask.  After all, if they can let their companies get away with fraud then everyone might as well do the same.  And what did they know of these frauds?  And if they claim they knew nothing – then why are they on the Board of the Company in the first place.

PA reports: “Sir Andrew Witty, Glaxo’s CEO, expressed regret Monday and said the company has learned “from the mistakes that were made.”

It needs to learn more – like most of the Board of Directors should go and right now.  Here they are:

Sir Christopher Gent – joined the Board as Deputy Chairman in June 2004.

Sir Andrew Witty – Chief Executive Officer – joined the Board in January 2008.

Professor Sir Roy Anderson – joined the Board in February 2007

Dr Stephanie Burns – Non-Executive Director – joined the Board in February 2007.

Stacey Cartwright – Non-Executive Director joined the Board in April 2011.

Larry Culp – Non-Executive Director joined the Board in July 2003.

Sir Crispin Davis – Non-Executive Director joined the Board in July 2003.

Simon Dingemans – Chief Financial Officer joined the Board in January 2011.

Lynn Elsenhans – Chief Financial Officer joined the Board in July 2012.

Judy Lewent – Non-Executive Director joined the Board in April 2011. BUT She is the former Executive Vice President and Chief Financial Officer of Merck & Co., Inc. which is a corporation which has previously been found guilty of fraud.

Sir Deryck Maughan – Non-Executive Director joined the Board in June 2004.

Dr Daniel Podolsky – Non-Executive Director joined the Board in July 2006.

Dr Moncef Slaoui – Chairman, Research & Development joined the Board in May 2006.

Tom de Swaan – Non-Executive Director joined the Board in January 2006.

Jing Ulrich – Non-Executive Director joined the Board in July 2012.

Sir Robert Wilson – Non-Executive Director joined the Board in November 2003


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14 comments

  1. BOB FIDDAMAN (@Fiddaman)

    I have just downloaded the complaint and will probably go through it over the weekend. Were the other whistleblowers told that they cannot go public and speak about the settlement or any of the evidence submitted?

    Is there anything that states publicly that any of the evidences have been sealed as part of the agreement?

  2. High Plains Drifter

    I had a gag order through an illegal seal of the case for nine years..after the case concluded, I have First Amendent rights to free speech. There were several collateral issues involving the case that I needed to take care of. I am still involved it is not over for me. When I have the time and energy to COMPLETELY reveal the truth I will.
    It can not be done in a 15 minute interview. The other Relators took their money and ran as “suggested ” by the DOJ under Holder. One chose to come out as if this case was a success and play the hero role, the others just kept their mouths shut after doing nothing for over 8 years…filing on information I gave their law firm, who told me ” off label marketing is not fraud.” Phillips and Cohen, recruited two former employees as relators , One, Burke was fired for telling some 200 reps under him to market off label…after I was fired. All , including some who came in as late as 7 years into the
    case are spineless rats, coming in on my First to file…Hamrick is the only one to seek FAME and fortune, and stabbed me in the back, essentially quitting the case. His fifteen minutes of fame are over . He knows everything I know, but I asked all the questions and got BS answers. You are his friend, fine…I am still fighting a Medicaid fraud felon who everybody else paid 900,000 dollars to. An extortionist . It is not over, See if Hamrick will come forward with what we both know. He has the time, when he is not playing golf or riding around in his $300,000 car parked in his 2 million dollar house, or out on his yacht.
    When I have the time for a full exposure, I will. There is no gag order any longer.
    Does that answer your question ? I have already suffered govt. harassment for the things I did say…the case was a gift for GSK and they made money.

      • High plains drifter

        C’est bonne, moi aussie. –Amy 31, Ashley 30, LIzzy…and apres tout ca- un garcon..Hunter 21, Quatre avec 4 meres IN Florida and Ar. fighting for justice and the American system of ratshit politics, bribes, scum and quid pro quos. GT

      • tonka towsey

        FL.went there once with a crazy guy in a black Falcon, could be out of a Jack Keroac’s novel! même homme depuis 23 ans, “old faithful” like the geyser…

  3. High plains drifter

    Meme homme apres 42 ans. ..BS
    Mais peutetre
    J’avais oublier LA langue francais
    Mais vraiment , le meme. Slower ?

    ET Tu….et B and Janine. ..Okay?

    1975 un Bonne anne’.
    Handkerchiefs et vin. et foie gras.

    • tonka towsey

      Suis avec le même homme depuis 1992; vais bien, pas d’enfant; Bernie vit à la Réunion depuis 1984 avec Janine et leur fille de 22ans (in Master).
      Good life is bon champagne, foie gras et raw oysters. Je vois toute la chaîne des Pyrénées de ma maison, mais je suis pas dans les montagnes. Been in the tropics for 20 years, need 4 seasons now.
      Why Ar.? desert?

      1975: 2CV rouge!

    • tonka towsey

      Mary(Colo.) and Linda (England) came here, we reminisced; some months later I looked U up and lo and behold you were all over the net! saw U responding in a blog, voilà…
      I’m O.K., and it’s nice to hear from you.
      Mary was right in W.Park, you look more & more like Hemingway, end up in the same place too.
      ML

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