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Will even a $2.3 billion fine change drug marketing practices?

By | September 2, 2009, 11:36 AM PDT

Pfizer today agreed to pay a $2.3 billion fine, and admit guilt, to settle cases arising from its marketing of Bextra, a painkiller removed from the market 4 years ago.

The case began with whistleblowers concerned the drug-maker was pushing the drug for unapproved uses.

Sounds hefty. But is it really?

Consider that Pfizer set aside just this amount, $2.3 billion, while announcing its acquisition of Wyeth in January. As BNET reports it’s a subsidiary, Pharmacia & Upjohn, that is actually copping the plea. Pfizer issued no press releases about the case until the settlement was finalized.

The fine also settled accusations concerning the marketing of three other drugs — Geodon, an anti-psychotic drug; Zyvox, an antibiotic; and Lyrica, an anti-epileptic drug. The Justice Department release said the company would “enter into a corporate integrity agreement,” a fancy word for probation, in hopes of keeping future cases from spiraling.

In sum, Pfizer “managed” this case just like any other corporate event, like the failure of a clinical trial. In acquiring Wyeth it turned the case from a cliff to a mere “bump in the road,” as one analyst described its troubles to The New York Times.

The use, and marketing, of drugs for uses beyond those approved by regulators is a continuing scandal. Whether it’s Pfizer pushing these drugs, an entertainer’s doctor offering  propofol as a sleeping aid, or a university department head using Risperdal for ADHD, it’s practically business as usual.

Drug makers, their agents, researchers, universities, and ordinary doctors are all implicated in this scandal, and the tools available to police them seem increasingly inadequate to the task at hand.

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Dana Blankenhorn

About Dana Blankenhorn

Dana Blankenhorn was a contributing editor for SmartPlanet from 2009 to 2010.

Dana Blankenhorn

Dana Blankenhorn

Contributing Editor

Dana Blankenhorn has written for the Chicago Tribune, Advertising Age's "NetMarketing" supplement and founded the Interactive Age Daily for CMP Media. He holds degrees from Rice and Northwestern universities. He is based in Atlanta.

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Dana Blankenhorn

Dana Blankenhorn

Dana Blankenhorn has been a technology reporter since 1982, a business reporter since 1978, and a writer for as long as he can remember. His Schwab IRA has a few tech stocks in it, most notably some Intel and Applied Materials bought over 10 years ago. But the vast majority of his tiny fortune (emphasis on the word tiny) is invested in mutual funds. He presently writes for no one else but ZDNet, SmartPlanet and himself. But if you've got an opportunity let him know. If he takes the gig he"ll first add it to this disclosure page.

He writes for SmartPlanet and is not an employee of CBS.

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Rethinking Healthcare ... try this
Let's Globalize Healthcare ... not Nationalize it.
Most, if not all, major US industries have realized that they compete in a Global Economy. Consequently, wages, benefits, and market prices have been realigned to compete. Doctors, healthcare professionals, and anyone connected to the Healthcare system (thinking prosthetics, insurance & pharmacy here) should "enjoy" the same realization. Time to modify wages and prices of commodities to match "usual and customary" values found in the Global Economy.
This is obviously over simplified, but this is thinking outside of the box and presenting a real idea that could solve the problem, not just patch it for another year or two. It has already happened in most other industries.
Suddenly, the big elephant in the room becomes a manageable beast.

What to you think?
Posted by Hal_9001
3rd Sep 2009
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RE: Will even a $2.3 billion fine change drug marketing practices?
I believe that Pfizer managed its crises very well. I wish the Justice Dept could muster such legal juice. We should all know that drug companies will continue to do this stuff and expense it out.
What is bad about your article is that in the trench docs are being demonized when thy realize that a drug can be used for more than on application. This is where the good information comes from, not a regulator or a trial in Africa
Posted by DDS 34 yrs
3rd Sep 2009
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