When Phillips & Cohen’s Erika Kelton took over representation of whistleblower John Kopchinski in his 2003 False Claims Act action against Pfizer Inc. and its subsidiary, Pharmacia & Upjohn Inc., she knew she had a good case. The former Pfizer sales representative had significant evidence that improper off-label marketing of the anti-inflammatory drug Bextra was being directed from high up within Pfizer’s ranks.
“There were many features that demonstrated that it was a highly important case that the Justice Department should join,” Kelton said. “This included the extreme nature of the misrepresentations and off-label marketing, the fact that the company had sought the acute pain approval and been denied by the [U.S. Food and Drug Administration] and then disregarded that denial and marketed for that indication anyway. And, of course, the grave health risks that Bextra posed. It was a complete disregard of the process.”
