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Court Case: David Franklin Vs. Parke-Davis

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The court case I have chosen to examine is David Franklin versus Parke-Davis, which was a landmark lawsuit that ultimately ended up setting the precedence for future lawsuits against pharmaceutical companies for off-label promotion using the False Claims Act set forth in the Food, Drug and Cosmetic Act of 1938 (FDCA). David Franklin was PHD level scientist who was employed by Parke-Davis as a medical liaison in 1996. The parent company for Parke-Davis at the time was the Warner-Lambert Company in which Park-Davis was responsible for the pharmaceutical products division that included the manufacturing, marketing and research and development for novel medications and therapies. During Franklin’s short tenure at Parke-Davis, he claimed that his training consisted of using techniques that were blatantly illegal and his job was primarily to do and say anything to get doctors to prescribe the drug Neurontin. …show more content…

It is an anti-epileptic and anticonvulsant medication that is sold under the generic name Gabapentin1. This medication, however, has a long list of off-label and investigational uses that, in accordance with the FDCA, cannot be marketed to physicians or health care providers by the manufacturing company. Marketing and advertising must remain confined to FDA approved indications; off-label marketing or promotion is strictly

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