A former Biogen sales rep claims she was fired after complaining the company improperly sought to benefit from a prescription that was written for an unapproved use.
In a lawsuit filed in federal court in Seattle, Danita Erickson claimed that she suffered retaliation after repeatedly voicing concerns that another sales rep last year sought to receive credit for the improper prescription and submitted paperwork to Medicare with false diagnostic codes. The Zinbryta multiple sclerosis drug was allegedly prescribed by a hematologist for aplastic anemia, according to the lawsuit.
Doctors are free to prescribe a medication for any malady, but drug makers are precluded from actively encouraging physicians to prescribe a drug off-label, which means for a use not approved by the Food and Drug Administration. For this reason, Erickson allegedly told her supervisors that the company may have violated federal law pertaining to false claims.