November 3, 2016

Employment News Whistleblower Retaliation

Whistleblowers and Defective Medical Technology

Employees at medical device, biotech and pharmaceutical companies are often in the best position to report problems related to medical technology, especially when the products are known to cause harm. Unfortunately, many employees are afraid to come forward for fear of retaliation.

Employees at medical device, biotech and pharmaceutical companies are often in the best position to report problems related to medical technology, especially when the products are known to cause harm. Unfortunately, many employees are afraid to come forward for fear of retaliation. Other employees have been the victims of retaliation when they report misconduct or illegal cover-ups. Whistleblowers in the medical technology industry are on the rise and for good reason. Businesses will often make false claims or hide critical reports of injury to ensure that their products continue to turn a profit.

Have You Witnessed Illegal Actions by a Medical Device, Biotech or Pharmaceutical Company?
Whistleblowers may be entitled to significant compensation when they report misconduct. Even if you have not suffered retaliation, you may still be able to recover compensation for reporting unlawful behavior. Currently, some of the largest settlements are between the U.S. government and pharmaceutical companies under the False Claims Act, as medical device makers are being held accountable for illegal practices. Whistleblowers may come forward with information related to:

  • Manufacturing a drug or device when the company knows it is defective. This is against the law and a violation of the False Claims Act if the products are sold to people on Medicare, Medicaid, and other federally funded programs.
  • Covering up or failing to report known defects. Companies are also in violation of the law if they cover up or fail to report problems, including complications, disease, injury, or death related to a product.
  • Marketing a device for off-label or non-FDA approved use. Companies are responsible for how they market their products. Under the False Claims Act, it is a violation for manufacturers to market a product for any use other than that which is approved by the FDA.
  • Offering financial incentives to encourage off-label use. Some pharmaceutical companies have been known to promote and encourage off-label and non-FDA approved use of their products with financial incentives.
  • Any kickbacks to doctors, nurses, hospitals, and other professionals. It is illegal to offer any financial incentive to medical professionals responsible for purchasing decisions, including any cash and in-kind gifts, grants, vacations, or other perks or fees.

Whistleblowers Can Get Financial Rewards for Reporting Misconduct
If you are an employee in the medical technology industry, you can get financial compensation for reporting fraud and corruption. Misconduct by a medical device, biotech or pharmaceutical company can result in serious injury or death to a consumer. Becoming a whistleblower means stopping corruption and fraud while supporting the rights of individuals. At Wanta Thome Jozwiak & Wanta LLP, our attorneys are dedicated to protecting the rights of medical device whistleblowers in Minneapolis, St. Paul and throughout Minnesota.

For more information about reporting medical device fraud or pharmaceutical company corruption and whistleblower compensation, please contact us at 612-252-3570 or click here for a free case evaluation. Our attorneys are currently investigating claims under The False Claims Act, whistleblower retaliation, and qui tam cases. Our team has the experience and resources to handle even the most complex cases and investigations.