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Seven years ago, David Franklin sued his former employer, Warner-Lambert,
for illegally marketing an epilepsy drug for unapproved uses. Little did he
know how much that lawsuit would unsettle his life.
The microbiologist ended up blackballed in the pharmaceutical industry and
had to endure an emotionally and financially draining odyssey as a
whistle-blower.
"This has been the most disruptive thing that could ever take place in
someone's life," he says.
But today, at 42, Franklin is a
very wealthy man. He was awarded $26.6 million as part of a $430 million
settlement Pfizer — which didn't become involved until it bought Warner-Lambert
four years ago — agreed to Thursday with the Justice Department and state
attorneys general.
The company pleaded guilty to marketing Neurontin to treat about a dozen
ailments for which it is not approved by the Food and Drug Administration and
for bilking the Medicaid program. (Story: Pfizer settles fraud case)
Franklin filed his lawsuit under
the U.S. False Claims Act, which allows private citizens to sue on behalf of
the government and get a portion of awards in cases where firms defraud the
government.
Franklin now is at the
medical-device maker Boston Scientific, where he helps physicians decide how to
best treat their patients. That's a dramatic departure from his four months at
Warner-Lambert. "I was the individual paid to lie to doctors," Franklin
says. "I got involved in something I didn't realize it was wrong at
first."
Franklin says he would try to
persuade doctors to prescribe Neurontin for uses including bipolar disorder
that weren't proved either safe or effective. He would do so at pharmaceutical
"boondoggle" weekends and other venues.
He hated what he was advocating, which he considered akin to experimenting
on patients. So he started gathering documents and voice mails that would prove
the company was trying to get around the law by promoting unapproved uses of
the drug. After he quit his job, he took the information to attorney Tom Greene
of Greene & Hoffman, who brought it to the U.S. Attorney's office in Boston,
which launched a criminal investigation.
"It took a lot of courage for Dave to come forward at great risk to his
professional career and his family and a tremendous amount of public good has
resulted," Greene says.
After leaving the company in 1996, the usually outgoing Franklin
says he had such "intense shame" about what he did while at
Warner-Lambert that he became almost reclusive for about four years. He says it
wasn't until the case became public and he started hearing from patients who
could forgive him for what happened that he felt "reinvigorated."
Thursday's settlement gives him even more personal satisfaction — not to
mention enough money that he could walk away and retire. But Franklin
only plans to take his wife and two daughters on vacation. And Franklin
says he is not going to be like a lottery winner who at first plans to keep
working, but then changes their mind. "I am the quintessential
workaholic," Franklin says.
"I like to think this won't change my life."
Louis Clark, president of the Government Accountability Project, says even
well-compensated whistle-blowers often keep working because settlements
energize them. "Whistle-blowers are usually the hardest-working people in
the office to begin with and have the highest standards, which is what led them
to blow the whistle in the first place," Clark
says.
Franklin says whistle-blowing isn't for everyone: "It
takes real staying power."
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