Two former Amgen sales reps are suing the company claimingthe biotech firm pushed its sales force to search doctor’s medical records forpotential patients in an effort to boost sales of psoriasis treatment Enbrel.
The reps are both seeking lost pay, punitive damages andcompensation totaling over $15 million. They allege they refused to followorders of their superiors that, they said, violated federal patient privacylaws under the Health Insurance Portability and Accountability Act (HIPAA).
In addition, the two sales reps said they were encouraged bytheir higher-ups to get insurance companies to approve reimbursement for Enbrelfor patients with mild psoriasis, which can cost $20,000 to $50,000 per year,depending on severity of the condition.
Amgen said in a statement that the company does not commenton pending litigation.
“Our sales representatives follow compliance guidelines withabsolute consistency,” an Amgen spokesman said in published reports.
HIPAA contains tough penalties for thedisclosure of patient health information which include up to 10 years in jailand a $250,000 fine if the information is transferred or used for commercialadvantage.
From the February 01, 2008 Issue of MM+M - Medical Marketing and Media
