A federal jury in Seattle has awarded nearly $6 million to a former Biogen (BIIB) sales rep who claimed she was fired after complaining about being pressured to pursue off-label marketing for a multiple sclerosis treatment.
In her lawsuit, Danita Erickson contended that, in the fall of 2017, Biogen sought to ensure that Zinbryta was prescribed by a hematologist for a patient with aplastic anemia — a condition in which the body does not produce enough blood cells — and who was also on Medicare. However, the medicine was only approved for treating relapsing multiple sclerosis patients.
Erickson argued that getting involved in marketing and seeking a commission for an off-label use of a drug with a false diagnosis code for a Medicare patient violated federal law. But a Biogen manager encouraged another sales rep in the same territory, because getting credit for the prescription would help meet sales goals, according to her lawsuit, which was filed in July 2018.
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