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this is very long. this was on date lie the other night. it shows how

we were mislead on the good neurontin is, and the way is it is being

used. in my opinion it is a dangerous drug and could do more harm than

good. please read. love to all cathy

Drug giant accused of false claims  Whistleblower alleges illegal

encouragement of off-label use  Scientist lin says he

became part of a broad mission at pharmaceutical company Warner-Lambert

to deceive, even entice doctors to prescribe drugs to patients whether

it was scientifically justified or not.

 

NBC NEWS

July 11 —  The questions began with the confession of an insider at

one of the nation's largest pharmaceutical firms. He says his former

company deliberately distorted information about one of its drugs,

possibly putting lives at risk, and costing patients and taxpayers

millions of dollars. " Dateline " went looking for some answers and has

the results of a year-long investigation into what may be one of the

biggest medical deceptions in history. NBC's Hockenberry reports.

   

 

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       DAVID FRANKLIN: " I was trained to deceive, to lie to

doctors. "

        Hockenberry: " So these doctors were completely

misled? "

       lin: " Absolutely. "

       Who would train and then pay someone to mislead doctors?

Scientist lin says pharmaceutical company Warner-Lambert paid

him to do that back in 1996.

       lin: " It was my responsibility to leverage the trust

that physicians had with pharmaceutical companies to corrupt the

relationship between the physician and the patient. "

        Hockenberry: " Your job was to find trust, and

exploit it, to produce more sales for Warner-Lambert. "

       lin: " Absolutely. "

       Since he was a little boy growing up in Rhode Island,

lin says, he wanted to be a scientist. But he wanted to use that

science to help people, doing medical research to cure disease. So

lin got his Ph.D. in biology at the University of Rhode Island and

from there became a researcher at the prestigious Dana Farber Cancer

Institute. After more than three years as a researcher, lin wanted

to get out of the lab. He found a job at Parke-, a division of

Warner-Lambert. He would be a medical liaison, using his scientific

expertise to explain the scientific merits of drugs to doctors.

       lin: " The medical liaison was supposed to be fair

and balanced, where the physician could trust what the medical liaison

was telling them. "

       Hockenberry: " So, doctors wouldn't necessarily see you as

a company guy, as much as they would see you as a scientist. As as a

medical doctor, like them in a way. "

       lin: " Exactly. A person whose primary responsibility

is to care of the patients, making sure that the doctor, to enable the

doctor to practice the best possible medicine that science would allow

at this point in time. "

       Hockenberry: " So, a doctor needs more drugs for their

practice. They call the salesman. But if they have questions about the

medical use of that drug, they call you. "

       lin: " Exactly. "

       But almost immediately, lin says, he became little

more than a salesman. The job he thought would be about caring for

people turned out to be little more than caring for the company's bottom

line. With his Ph.D. and the title of doctor, lin says he became

part of a broad mission to deceive, even entice doctors to prescribe

drugs to patients whether it was scientifically justified or not.

       lin: " It was a matter of leveraging, corrupting, if

you would, perverting the science, to greatly increase sales and

profitability. "

       This corporate whistleblower, telling his story to

" Dateline " in his first broadcast interview, has rocked the

pharmaceutical industry to its core. Pieced together with confidential

documents and taped voicemails, you'll see a portrait of sales over

science.

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       But mostly this is the story of how lin helped

one little drug become a star: Gabapentin, one of the drugs lin was

responsible for, which goes by the brand name Neurontin. Neurontin is a

useful and generally safe drug. The Food and Drug Administration

approved it in 1993, but for only one use — to help control epileptic

seizures and only if taken in conjunction with another drug.

       But lin says he soon learned that Warner-Lambert had

plans for Neurontin, the little epilepsy drug, a plan to go directly to

doctors and get them to prescribe Neurontin for all kinds of uses the

FDA hadn't approved, called " off-label " uses.

       Hockenberry: " Warner-Lambert basically told you, 'The FDA

says, scientifically, Neurontin treats epilepsy. But we can convince

doctors. And here's how you'll do it, to use Neurontin for a dozen other

things. "

       lin: " Absolutely. This was holding their hands and

pushing them into to using Neurontin off-label. "

       And according to lin, the list of off-label uses was

long, everything from attention deficit disorder to alcohol and drug

withdrawal.

       Now, off-label uses are nothing new. Doctors have been

observing surprising new uses for drugs throughout history. Some of

their discoveries become medical breakthroughs. One of the best-known

examples is aspirin, once thought only good for pain, was found by

doctors to increase blood circulation and prevent heart attacks.

       Hockenberry: " So it's legal for doctors to say, 'You know

what? I think this drug that is approved for your ear might be good for

your throat.' "

       lin: " Not only is it legal, but it's good medical

practice. "

       But what is not legal is for a drug company to promote

such unapproved, off-label uses or to exaggerate or report unproven

breakthroughs to doctors as a way to get them to prescribe their drugs.

Assistant U.S. Attorney Jim Sheehan, one of the country's leading

prosecutors of health care fraud, says such regulation exists because

off-label use can be unsafe.

       Sheehan: " Every prescription drug is an inherently

dangerous product with the potential to kill people as well as cure

them. That's why we have very strict regulation, that's why we have

rules about what marketing and promotion they can do. That's why we have

rules about what they can produce and how they produce it. "

       lin says the rules went out the window from the

moment he arrived on the job. For instance, he was told not simply to

wait for doctors to ask him for his scientific opinions, but to instead

target doctors and convince them to prescribe Neurontin, even though he

knew that there was no FDA approval for its off-label uses.

       lin says he was actually " cold calling " doctors,

showing up like a salesman unannounced, and he found one thing about him

opened a lot of doors.

       lin: " If I were to show up at a doctor's office and

say, 'Dr. lin is here to speak to Dr. ,' Dr. is much

more likely to respond, as opposed to his receptionist calling him in

his office, and saying, 'The Warner-Lambert sales rep is here to talk to

you.' "

       lin didn't say that he wasn't a medical doctor.

Simply having the title of doctor, the Ph.D. he was so proud of, was all

that mattered, lin says, and Dr. lin, it turns out, wore lots

of hats, depending on whom he was visiting.

       Hockenberry: " So, you could have had a Ph.D. in economics

or metallurgy, and it would have been just as fine? "

       lin: " As long as it granted me the title of Dr.

lin. "

       Hockenberry: " What were you told to tell doctors about

your background? "

       lin: " We actually trained the sales representatives

to introduce me as an expert in cardiovascular medicine. "

       Hockenberry: " Were you? "

       lin: " Absolutely not. My Ph.D. was in microbiology.

At 9 in the morning I was an expert in cardiovascular medicine. At 10

when we walked across the street to a neurologist office, I was an

expert in neurology. "

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and the rest of the " Dateline " crew.        And once

inside, lin would make his pitch to the doctor. As I played the

doctor's part — he showed me what he would say about Neurontin.

       lin: " We're really being inundated with information

from across the country with physicians that are seeing a profound

improvement in patients with bipolar disease ... so we would suggest

that you titrate the patient up to 4,800 milligrams — you will see

marked improvement in their symptoms. "

       Hockenberry: " So your suggestion to me is triple the dose

and I might see some positive results. "

       lin: " Absolutely. It's not a matter of might. You

will see an improvement. "

       He's a scientist who couldn't sound more certain. But is

there any scientific validity to what he is saying about, for instance,

bipolar disorder?

       lin: " None at all. And in fact, much of it is a

fabrication. It is simply untrue. "

       Hockenberry: " Was there any data that really supported

the claims you were making? "

       lin: " Not at all. "

       At best the claims were based on promising anecdotal and

untested preliminary information that lin says was, promoted to

doctors vigorously, directly and illegally.

       lin: " Not only is it illegal, it's downright

immoral. It doesn't just hurt the medical community, it has the

potential of hurting patients. "

       But as you'll see, there was nothing potential about the

money to be made through these tactics. The billions to come were real

.... as real as the patients whose stories are just beginning to emerge.

Was their health compromised in a scientifically invalid campaign to

raise sales of Neurontin?

       

A PATIENT'S PERSPECTIVE

       By the late spring of 1996, lin understood fully

what he was doing in supplying misleading information to doctors about

the drug Neurontin. What he didn't know, he says, was the effect on real

patients. It's a knot in his stomach that's still there today.

       lin: " There hasn't been a day in six years that I

haven't thought about this and wrestled with my involvement in it. "

       Long after lin began to have his first

reservations about his job, 54-year-old Regina got her own

education about off-label uses of Neurontin.

       : " My whole life was turned upside down, and I

almost lost my life because of it. "

        has bipolar disorder.

       Hockenberry: " When were you first diagnosed with a

condition that might require ongoing use of pharmaceutical drugs? "

       : " About 11 years ago. "

       Hockenberry: " And the symptoms you were exhibiting were? "

       : " Mania, mostly mania. Because I had just lost

touch with reality. "

       Bipolar disorder occurs when the brain constantly cycles

between mania and depression. Those who suffer from it can experience

uncontrollable highs and lows.

       Before she found a reliable treatment the disease played

havoc with ' life. She divorced and was in and out of hospitals.

Doctors finally found a therapy that seemed to work, a drug called

Depakote, FDA-approved for bipolar disorder.

       : " That worked really well, worked for my head. But

the side effect was weight gain. "

       Hockenberry: " Weight gain? "

       : " I gained 100 pounds. "

        wanted the benefits of Depakote without all the

weight, so she asked her doctor for a different drug. The doctor

recommended Neurontin At first felt better and lost weight, but

soon after things started to come apart.

       : " I became more and more out of control. My whole

personally — I'm very a sweet, nice person. And I got hostile. "

       Hockenberry: " Had you ever behaved like this before? "

       : " No. No. My ex-boyfriend said he had never seen

me, when I was manic, act like this. "

        went back to her doctor for help.

       : " She just kept increasing the Neurontin. I didn't

want to go any higher. I didn't want to get harmed from it. "

       Hockenberry: " And your doctor's response was, Increase

the dosage.' "

       : " Mm-hm. "

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       Was there a risk? ' dosage was tripled. Neurontin is

known to have few if any side effects, one of its big selling points.

But Neurontin was now ' only treatment for bipolar disorder, which

was very risky because Neurontin, it turns out, does essentially nothing

for bipolar disorder — and that's a scientific fact.

       Dr. Sachs: " Neurontin's a drug that has been studied

under double-blind conditions twice. And in neither case did it prove to

have any efficacy at all. "

       Hockenberry: " In neither case? "

       Sachs: " In neither case. "

       Dr. Sachs runs the Bipolar Treatment Center at

Massachusetts General Hospital.

       Hockenberry: " So, based on the science, someone with

bipolar who's only taking Neurontin is essentially untreated. "

       Sachs: " I think that's a fair assumption. "

       And for a bipolar patient like , being untreated can

be life-threatening. On Neurontin, ' manic behavior became

uncontrollable. She says she tried to kill herself. She ended up in the

hospital.

       Hockenberry: " If your doctor gives you something, your

assumption is that it works, and that somebody's shown that it works,

right? "

       : " Right. "

       Hockenberry: " In the case of Neurontin, was any of that

true? "

       : " Not for me. "

       We tried to talk to ' doctor at Meridian Behavioral

Healthcare in Gainesville, Fla. — and said she had no problem

allowing us see her medical records. But the company refused our

request, issuing only a statement from her doctor acknowledging that

was treated with Neurontin but that the drug was discontinued when

she " experienced a manic episode. "

        is back on her old medication and doing fine.

       Hockenberry: " What do you have to say to the drug company

that might have been very interested in doctors' prescribing their

medication? "

       : " I think that they're greedy, and they just are

after money. And they don't really care about the person who takes the

medicine, obviously. "

        lin says he was surprised how easy it was for

him to get doctors to switch to Neurontin or to raise dosages.

       Hockenberry: " And would they do it? "

       lin: " It's remarkable the high percentage of

physicians that would do this. "

       Hockenberry: " How did you feel? "

       lin: " I would leave a physician's office in pain.

There was no other way of describing it. This is — I was in — a

combination of embarrassed by what I had just done, felt responsibility

to the patient, to the doctor and the patient, that I had just misled

this individual. And that some third party that wasn't even in the room,

some patient, may actually be impacted by it. "

       Parke-' own internal documents obtained by

" Dateline " show the company couldn't have been more excited about: " new

indications for Neurontin, " especially for people like with

bipolar disorder: " Bipolar disorders offer the greatest expected return

on investment ... as much as $55 million. "

       Even though the 1995 memo later states " there is no

pre-clinical evidence of efficacy in bipolar disorders. " In other words,

no real scientific evidence that it would work. lin says the

company's enthusiasm about off-label prescriptions translated into real

pressure on the job — pressure, he says, to sell.

       lin: " I was pressured to fill the gap that the sales

team, the actual sales representatives weren't filling. That the sales

representatives weren't as effective as medical liaisons. And that we

had to, I think the quote was, to take the ball and run with it. "

       And lin let " Dateline " experience this sales

pressure just as he did, through this recorded voicemail from his boss.

       

        " You know there's a Neurontin push that's supposed to be

on.... So what we need to do is focus on Neurontin, when we get out

there - we want to kick some ass on Neurontin - we want to sell

Neurontin on pain all right? And monotherapy...I don't know if you guys

are embarrassed, but I'm embarrassed with where we are with Neurontin. "

       

       lin saved this voicemail because he could barely

believe what his boss was saying: sell Neurontin expressly for uses not

approved by the FDA. lin was frightened. What he was being asked to

do, he believed, was illegal. So he began to tape more conversations and

messages from company officials. Here's a quote from a senior

Warner-Lambert executive on a conference call:

       

        " I want you out there every day selling Neurontin...

holding their hand, whispering in their ear — Neurontin for pain,

Neurontin for monotherapy, Neurontin for bipolar, Neurontin for

everything.... I don't want to see a single patient coming off Neurontin

before they've been up to at least 4,800 milligrams a day. "

       

       And then he said this:

       

        " I don't want to hear that safety crap either.... It's a

great drug "

       

       We showed Assistant U.S. Attorney Jim Sheehan that

colorful quote.

       Sheehan: " It would seem to me that's a pretty clear

advocacy for off-label use by the company. And therefore a violation of

the FDA's rules. "

       Hockenberry: " You know, I don't know if I'd use the word

advocacy. I might use, like, threat. "

       Sheehan: " When I look at this, Neurontin not for pain,

not an on-label use, Neurontin for bipolar, not approved, no application

for that either. Neurontin for everything, well, that's pretty obvious. "

       And company sales people got to make this pitch right in

the inner sanctum of doctors' offices. lin would tell doctors they

could get paid to let company sales reps go over patient medical records

and to actually be there in the examining room while patients were being

treated.

       lin: " If you are willing to allow a sales

representative to spend a day with you as you see patients, we'll

compensate you for that. We'll pay you for it. "

       This is a voicemail lin recorded, in which a

salesman boasts about his success after a day spent with a doctor and

his patients:

       

        " The doctor would review the chart of each patient with

me in a one-on-one fashion. Then we would go meet the patient, the

patient would be examined. I saw the actual prescription generated in

front of me... that was certainly nice. I certainly felt that me being

there, I had some influence on that medical decision. "

       

       Medical decisions that were very good business. From its

introduction in 1993, Neurontin the little epilepsy drug, has rocketed

to the top of the sales charts. Today it's a more than $2 billion drug,

outselling even blockbuster Viagra, and more than three-quarters of

Neurontin's sales, by the parent company's own estimate, are from

off-label uses.

       But lin was having serious doubts about the safety

of off-label use, about his job and about what kind of legal trouble he

might be in. He would not make it through his first year at Parke-.

In the summer of 1996, he decided he'd had enough.

       

GOING PUBLIC

       By the early summer of 1996, after four months working as

a medical liaison for Warner-Lambert, lin began to realize it

was time to get out. He believed what he was doing was wrong and feared

what would happen if he stayed.

       lin: " I knew that in the period of time that I had

been there, my own personal behavior was illegal, that I had done things

that were simply illegal. "

       His biggest worry was that he was aiding and abetting a

medical fraud. The scientist who reluctantly became a salesman now

wondered if he had what it took to blow the whistle on a drug company

worth billions.

       lin: " " Either I needed to own up to this now and put

it behind me, or at some point in the future, this could come back, and

I'd find myself on the wrong side of this investigation. I did believe,

when I left, that they were so aggressively ramping this up, that at

some point, someone would expose what was going on there. And therefore,

I would find myself in the equally, or even more difficult, position of

trying to explain why I ignored an obvious illegal and immoral activity

within the company. "

       So on July 29, he drove to a co-worker's home, dropped

off his office keys and company car and turned his back on Parke-

for good. Next stop? Greene and Hoffman attorneys at law.

       lin: " I showed up to their office saying, I've—

I'm in trouble. And I need some help out of this. "

       lin filed a lawsuit against Warner-Lambert and its

Parke- division charging the company with violations of the U.S.

False Claims Act. He says he was not motivated by the fact that he

stands to be in line for a percentage of the damages if the company

loses or if it settles out of court.

       Tom Greene: " We had no idea the extent of the Neurontin

prescriptions, how successful this program had been. "

       Tom Greene is lin's attorney. He has spent the

last seven years amassing Warner-Lambert and Parke- documents going

back to 1994. He shared many of them with " Dateline " — they fill more

than 160 boxes, memos and reports that prove, Greene says, that

lin was merely a cog in a grand marketing strategy to deliberately

and illegally encourage off-label use.

       Greene: " There are countless documents that support what

he says and go far beyond his story and bring the level of knowledge of

this illegal marketing program to the highest levels of the company. "

       For example, one memo shows that plans for marketing

Neurontin for at least one off-label use were sent to top executives,

including Wild, the president of Parke-' pharmaceutical

division, and Lodewijk de Vink, president of parent company

Warner-Lambert. Neither responded to our request for comment.

       Other Parke- documents, like one from 1997, show

that there were teams inside the company not merely pushing the envelope

on acceptable marketing practices but deliberately advocating going

around the expensive FDA approval process, because the patent life of

the drug was so short.

       The " recommendation " is that Parke- " not file " an

application with the FDA but instead take the message straight to the

doctors.

       It was a full-court press. While sales reps and medical

liaisons like lin supplied company information in doctors'

offices, documents show company messages being planted aggressively in

the scientific literature. Doctors simply trying to stay educated about

new drugs would find themselves inundated with research, paid for by the

company and made to look like independent scientific papers.

       Greene: " They wanted to disseminate knowledge of these

off-label uses throughout the medical literature. They hired outside

companies to write articles about off-label uses so that the message

about off-label use of Neurontin could be planted in the medical

literature around the country, and indeed around the world. "

       Here's one example of how what Parke- called its

" publication strategy " worked: A company called Medical Education

Systems of Philadelphia (MES) was hired by Parke- to put together a

series of articles on off-label uses of Neurontin. MES would contact

doctors hand-picked by Parke- to author the articles. But in some

cases, it appears that articles were essentially ghostwritten by MES,

and the doctor's name added later. As one MES status report notes: " MES

draft completed — we just need an author. "

       And what did the doctors get for becoming authors of

papers they sometimes didn't write? Fees of up to one thousand dollars a

pop.

       Sheehan: " You are attempting to create a false

impression, and you are making false representations, and you're doing

it for money. I just don't see how that approach can be supported or can

be viewed as appropriate. "

       Hockenberry: " You know, it's always been my impression

that the finding of an author precedes the actual writing of the paper. "

       Sheehan: " One would hope that's what would happen. "

       Papers were just the beginning. lin says there was

lots of money to go around.

       Hockenberry: " Did you pay doctors? "

       lin: " I personally did not pay physicians. What my

responsibility was, was to let physicians know that there was money

available to them. "

       In fact the documents show there were all kinds of

ingenious ways for doctors to get paid for an education in the use of

Neurontin. For instance, " honoraria " are fees paid to doctors to hear

information or a presentation about Neurontin. Parke- records show

that these scientific presentations occurred in some unscientific

places: " Bus to Yankee Stadium, " " World Yacht Cruise " and " Braves

Stadium. "

       Doctors were also recruited for teleconferences, seminars

and trips to places like Jupiter Beach, Fla., perhaps better known for

golf than for research.

       Paying physicians like this, giving them drug company

money to listen to information about the products they prescribe, may be

legal and common practice in the industry, but to critics like Dr.

Arnold Relman, professor emeritus at Harvard and former editor of the

New England Journal of Medicine, it's a conflict of interest —

especially in the case of Neurontin.

       Relman: " What you have is an unproven drug being widely

used for difficult problems by doctors who are given a powerful economic

incentive to do it, spurred on by a company that's wildly aggressive in

its marketing. "

       After seven years of legal motions and countermotions,

lin's lawsuit is now being scrutinized by the U.S. government and

all 50 states to see if government medical programs like Medicaid may

have been defrauded into spending millions on improper off-label

prescriptions.

       And in fact, in recently filed court papers, the Justice

Department said that lin's case " has presented evidence of an

illegal off-label marketing scheme that is rife with false statements

and fraudulent conduct all of which had one intended purpose and result

— increasing sales ... "

       Three years ago, Pfizer bought Warner-Lambert and

Parke-, so now the biggest drug company in the world is the

defendant in one of the highest-profile cases in the history of the

industry. Pfizer officials would not speak on camera but did provide

this statement: " ...the events to which you referred are alleged to have

occurred well before — in some cases years before — Pfizer acquired

Warner-Lambert. Pfizer completed the acquisition of Warner-Lambert in

June 2000. It is long-standing policy that Pfizer has not and does not

promote its products outside their FDA-approved labeling.... We are

unable to comment further because of the pending litigation... "

       But it's litigation that will mean little to Regina

, who says she will always believe that her experience with bipolar

disorder and the drug Neurontin almost ruined her life.

       : " Now that I look back, and that I know what I know

now, I wouldn't have ever taken the drug. I want everybody to know

that's taking this drug the truth about it. "

       Last year the FDA approved the use of Neurontin in the

treatment of post herpetic neuralgia, severe nerve pain, in addition to

epilepsy. It is still widely prescribed for pain and a variety of other

unapproved uses, some of which have been studied and endorsed by

scientists and approved for use in other countries.

       And as for whistleblower lin, he may have escaped

legal liability for what he did during his four months with Parke-,

but he hasn't escaped his own conscience. He admits he should have known

from the start that he was heading down the wrong path.

       lin: " Actually interviewing for this position, I was

asked about giving examples of where I had to bend the rules in the past

and how I handled that and how comfortable was I working in gray areas. "

       This case could end up clarifying some of those gray

areas and end up costing defendant Pfizer millions of dollars. And

there's one more thing. Because his lawsuit is filed under the federal

False Claims Act, as a whistleblower lin stands to get a piece of

any monetary damages, up to 30 percent, which could add up to millions.

So the four-month job in sales that caused so much agony for this

scientist, ironically, might in the end have set him up for life.

       Hockenberry: " But even after you get a settlement, if you

do, or a judgment if you do, or the case just completely goes away if it

does, there are patients out there who took drugs based on decisions

doctors made relying on your judgment. "

       lin: " Right. "

       Hockenberry: " They could be hurt because of that. "

       lin: " They may have been hurt. And that's something

that I wrestle with. "

       Hockenberry: " What's to wrestle with? If they're hurting,

it's because of you. "

       lin: " It's because of me. There hasn't been a day in

six years that I haven't thought about this and wrestled with my

involvement in it and the guilt I feel associated with it, and the sense

that I need to correct it. "

     

 

     

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