Regular readers of this blog would be aware of the current lawsuit taken by Peter Humphrey, against GlaxoSmithKline.
See the gist of the story (and Peter’s original complaint) here–
“…A 42 page complaint was filed on November 15, 2016, by Peter Humphrey and his wife, Yu Yingzeng, in relation to GSK’s nefarious activities in China which saw the pair incarcerated for around 2 years in Chinese slum-like conditions prison cells.
The complaint delves deep into the whole sordid affair and alleges bribery on a huge scale, more importantly, the complaint alleges that GSK hired the services of Humphrey and Yu in efforts to smokescreen the corruption in China, corruption, according to the complaint, that they had known about for many years.
Furthermore, the 42 page document alleges that GSK’s CEO, Andrew Witty, lied to the media when he was asked about the corruption in China…”
In my opinion, Peter’s legal complaint is massively undermining, and embarrassing, for Glaxo. They will likely try everything in their power (and they have huge power) to discredit Humphrey and his case against them. Glaxo have a history of playing low and dirty in all their dealings, therefore we should expect nothing but the same from them when dealing with legal cases against them. Ethics, and fair play, are not in the GSK mindset.
However, I also think that GSK would be wise to settle this case well before court, because from scanning through the many pages of the complaint, saying it doesn’t look good for Glaxo would be a massive understatement.
What I find quite astounding also, about this case, is- GSK do not deny most of the (shocking) factual allegations against them, they merely try to discredit them by ignoring Peter and Yu’s suffering, and their own lies and crimes, by saying that Peter and Yu ‘knew the risks’.
However, how could Peter and Yu have known the risks when GSK were feeding them false information?
Furthermore, Glaxo are trying to force Peter and Yu to sue in a country (China) which (because of GSK’s deception/the basis of the lawsuit itself) they cannot enter (thanks to GSK).
GSK’s response, is (unsurprisingly) cynical, callous and uncaring, and surely must add to Peter and Yu’s distress.
Glaxo’s 242 page rebuttal of Peter’s original claim can be read here:
And Peter’s defense can be read here:
The basis of Glaxo’s argument to dismiss Peter’s complaint seems to hinge upon :
…..”Defendants’ motion on the merits rests primarily on the argument that Plaintiffs “sued the wrong entities.”…
In other words, Glaxo is trying to nullify Peter Humphrey’s complaint on the basis that GSK believe that the claimants (Peter and his wife Yu) should go back to China to to arbitrate their claims against Glaxo PLC, and they claim that they can’t be sued in the US for this case.
Ironically (and conveniently for GSK) even if Peter and Yu wanted to go back to China-they can’t- because GSK scapegoated them and set them up by hiring them (and deceiving them) about their China business dealings. It’s because of GSK’s unethical conduct in China that Peter and Yu ended up in prison in China. GSK have a lot to answer here, not just in terms of Peter and Yu’s case, but in the broader context of corruption within the company generally, and not to mention of course the various questions surrounding what exactly GSK knew of Mark Reilly’s bribery network, how was it funded? What did the senior execs know? etc etc.
If Peter’s case gets to court, the whole thing would blow wide open, and this is a gigantic stinking, criminal and unethical, can of worms about the company- that GSK will not be able to keep a lid on this time…
GSK is a global healthcare company with major locations in the US, and the UK, its China business is but a tiny part of its internationally spread-out business. GSK’s legal department is based out of the US too, so for GSK to attempt to nullify Peter’s claims on this basis, seems not only weak, and flimsy, but also pretty desperate.
Glaxo’s CEO Andrew Witty, might have to answer for GSK, and the China bribe scandal in a US court but for now it seems Witty is happy to cash in his chips, and jump ship (he’s retiring next month), so perhaps he’ll leave all these recent scandalous messes to the incoming CEO, Emma Walmsley? (it seems to be a GSK tradition by now doesn’t it?)
And maybe then, Walmsley will claim that GSK’s behavior in China was all part of ‘another era’, or some other such nonsense…
only time will tell..
In the meantime, take a look at Peter Humphrey’s rebuke of GSK 2017.03.03.  Pltfs.’ MOL in Opp. to Defts.’ Motion to Compel and-or Motion to Dismiss (with proposed order)(1), and think to yourself, are GSK the most corrupt and unethical corporation on the planet?
Personally, I think they’re up there with the worst of them..
See some of the text from 2017.03.03.  Pltfs.’ MOL in Opp. to Defts.’ Motion to Compel and-or Motion to Dismiss (with proposed order)(1) , high-lighted below, and make up your own mind…
And when you’re finished with that read GSK Whistle-Blower Greg Thorpe’s complaint against Glaxo in 2012 (2 years before they got caught swindling in China).
This company is simply abhorrent..