Tainted Drugs

The lead article in today’s New York Times, “$750 Million Fine for Drug Maker of Tainted Goods,” represents the first time a drug company, GlaxoSmithKline, has been held liable under a whistle-blower law for faulty medications. The questionable products include the popular Paxil, an anti-depressant medication, Avandia for diabetes and Tagamet for acid reflux. The problems occurred at a manufacturing plant in Puerto Rico.

The drug industry has always presented itself in a high and mighty way, with one of the most powerful lobbyist groups in Washington. They avoided much taunted legislation for large health organizations to bargain and thus reduce the price of their products. The fact that, for the first time, they have been penalized for rather shocking conditions, will hurt the entire industry.

This lawsuit represents the first decision of many pending cases and could represent the beginning of an avalanche of decisions upholding the rights of ordinary citizens for minimal quality control in this unique field. When you are not well, you at least want to have the assurance that the medication you get from the pharmacy will work as promised.

The article also notes that whistle-blowers earn part of the award in any settlement. In this case, Cheryl Eckard, a former employee who was dismissed when she raised legitimate concerns about the Puerto Rico plant, will receive $96 million.