This case involves the alleged improper marketing of a particular opioid pain medication by a defendant pharmaceutical company. The allegations claimed that the defendant fraudulently marketed the drug in question for off-label uses and that the defendant was negligent in their warning practices. The suit further alleged that the pharmaceutical company was involved in a wide-spread kickback scheme in which they were paying physicians to prescribe the drug.
Question(s) For Expert Witness
1. Please briefly describe your experience in fraud investigation as it pertains to pharmaceutical companies.
2. Are you able to opine on the alleged fraud committed by the defending pharmacy company?
Expert Witness Response E-007290
As an FDA official, I work to identify and prevent fraudulent promotional campaigns and targeted marketing. I have a great deal of experience reviewing promotional materials, professional publications, as well as print and TV media ads related to FDA-regulated products. As a federal investigator, I also participated in joint investigations (with the FBI and Postal Service) of fraud cases related to illegal manufacture and distribution of steroids, contraception and erectile-dysfunction medications. I have also worked undercover to capture illegal marketing of silicone filler and collagen by dermatologists and plastic surgeons. I am familiar with the many ways that drugs are detailed off-label by reps, and have intercepted such sales campaigns related to Retin-A, steroids, NSAIDS, and a few other drugs. Lastly, I am very familiar with the manufacturing process and patch delivery system as well.
About the author
John Lomicky
John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.
