Dr. Rost provides services as a pharmaceutical marketing expert witness. For more info see: Drug Expert Witness. Dr. Peter Rost email. Copyright © 2006-2013 InSync Communication. All rights reserved. Terms of use agreement, privacy policy and the computer fraud and abuse act.


Peter Rost, M.D., is a former Pfizer Marketing Vice President providing services as a medical device and drug expert witness and pharmaceutical marketing expert. Judge Sanders: "The court agrees with defendants' view that Dr. Rost is a very adept and seasoned expert witness." He is also the author of Emergency Surgery, The Whistleblower and Killer Drug. You can reach him on rostpeter (insert symbol) Please read the terms of use agreement and privacy policy for this blog carefully.

$10,000 Fine If I Talk

There was something I forgot to tell you yesterday, when I wrote about Pfizer's Super Secret Secrets and how they didn't want me to see documents related to my own litigation against them.

They didn't just want to keep their most secret documents from me, and only give my lawyers access to files they would mark "highly confidential." They also want me to pay a $10,000 fine if I reveal anything from the less secret documents, marked "confidential."

$10,000 is a lot of money. It's going to be pretty much my annual income this year.

So I wonder, is this really fair? Do they have anything to fear from me?

Have I ever been convicted of breaking a contract? No.

Have I ever been convicted of leaking confidential information? No.

Have I ever been convicted of anything, anywhere? No.

Have I ever paid any fines for anything? No.

Uh. Maybe that was wrong. I think I had a speeding ticket about ten years ago. But that's not enough to treat me like I was a criminal.

So let's check out Pfizer.

Have they ever been convicted or plead guilty to anything? Yes, yes, yes.

Pfizer's division Warner-Lambert agreed to pay $430 million to resolve criminal and civil charges related to off-label promotion. Pfizer agreed to pay $49 million for defrauding the drug Medicaid rebate program. Pfizer is one of the few companies that have been forced to sign not just one, but two "Corporate Integrity Agreements."

Perhaps you wonder what a "Corporate Integrity Agreement" (CIA) is?

It is something very bad. Since the Justice Department can't put corporations in jail (the way they do this with regular criminals), they instead make them sign a CIA, in which the company promises never ever to commit the same crime again. And if the company just can't stop themselves, like Pfizer, they have to sign a second CIA, like Pfizer.

And the fines are astronomical if they violate this agreement. Pfizer has to pay a whopping $1,000 each day they violate the agreement.

So let's step back for a moment and compare notes. Pfizer makes $50 billion a year, and negotiated a deal with the Office of the Inspector General to pay $1,000 per day if they fall back into crime.

But Pfizer wants me, (who right now makes around $10,000 per year) to pay $10,000 if my tongue slips.

Pfizer, I've got a proposal for you: If my tongue slips (which it won't), I'll pay you the same amount, as a % of my earnings, as you pay the government if you fall back into crime.

Based on my current income, that comes to 0.02 cent for each infraction.

Pfizer, do we have a deal?

Helloooooo?? Anybody there?


Anonymous Richard Harlos said...

My hat's off to you for your position and rationale! There is scant little justice in this world and whenever I see someone taking a stand in support of the principles of justice and against the practice of loopholes and technicalities kinds of justice, well, I've just got to give some kind of recognition.

There you have it; warmest regards and best wishes!

Blogger MsMelody said...

The CEOs--the decision makers of these corporations--should be charged with criminality, since the corporations they run cannot be so charged. If this happened a few times, and the criminals did some serious jail time, they might be a bit more considerate of their customers (patients) instead of their paid lobbyists, paid-for politicians, and hungry shareholders.

Also, if they were fined in the same manner they propose for those who sue THEM--not $1000 per day--but $100,000 per day--they might also get a bit more judicious in their wrongdoings. Actually, like the criminals they are, if corporations (and the individuals who direct them) were actually put out of business, it would be a more deserving punishment. When all the dust had settled from the implosion of criminal behavior, those who escaped the carnage might reasonably be expected to continue the pharmaceutical trade in a more ethical, moral manner.

As a matter of fact, a lawsuit against Eli Lilly, filed in New Mexico, (NO. CIV 00 0459 BB / LFG) in 2000, demonstrates an equitable way for pharmaceuticals to be assessed for their wrongdoing. (Unfortunately, legal maneuvering eventually got this default judgment set aside. No plaintiffs prevailed against this pharma-giant--but the roadmap for making a pharmaceutical company pay, and structuring that payment to aid a large population--may be a liberal ideal, but hey, we can all dream, can't we.) More can be seen in book titled "Too Profitable to Cure" at


Post a Comment

Links to this post:

Create a Link

<< Home