United States ex rel. Franklin v. Parke-Davis (2004)

Qui tam cases filed by whistleblowers don’t just result in financial recoveries — someitmes they reshape entire industries. United States ex rel. Franklin v. Parke-Davis (2004) is an example of such industry-shifting cases.

The whistleblower in that case was Dr. David Franklin, a former medical liaison at Parke-Davis, a subsidiary of Warner-Lambert (later acquired by Pfizer). Franklin alleged that the company promoted the epilepsy drug Neurontin for unapproved, “off-label” uses such as bipolar disorder, migraines, and attention deficit disorder. While doctors may legally prescribe drugs for off-label uses, pharmaceutical companies cannot legally promote drugs for such uses.

Franklin filed a whistleblower lawsuit under the False Claims Act, alleging that Parke-Davis’s promotion led to false claims submitted to Medicaid and other government health programs. The case ultimately resulted in a $430 million settlement in 2004, one of the largest at the time for off-label marketing.

What makes this case notable isn’t just the dollar figure — it set a precedent. The Franklin case helped open the door for broader scrutiny of off-label marketing practices across the pharmaceutical industry. The case also highlights the critical role whistleblowers play in uncovering practices that put profits ahead of patients.

At Barrett Johnston, we see Franklin’s courage as an example of why whistleblower protections matter. Cases like his remind us that individuals who step forward can change the trajectory of healthcare fraud enforcement nationwide.