Whistleblower is a person passes information on violation of laws that are a direct threat to public interest such as health and safety by applying ethical principles in the growing obstacles in the organization. Based on this, it is clear that Laraoche was not a whistleblower; he was someone who did his work as expected by his profession. His suggestion to the management of Perck Pharmaceutical based on the side effects of the new drug were informed by his professional orientation. His timely interjection was because he had not performed enough trials to allow the drug to go for Food and Drug Administration (FDA) approval. This he did to avert the possible destruction of the patients' health without the fear of retaliation or losing his job.
Laraoche's Disclosure
Laraoche was apprehensive due to the side effects observed in the initial trials. Of the more than 11,000 patients of ages 18 to 90 given the sample drug during the clinical trials, a tenth of one percent reported some side effects including mood swings, depressions, and suicidal thoughts. Laraoche was undecided but he wanted further research carried out before the drug could be administered safely and effectively to the patients. In addition, Laraoche did not agree with the Perck pharmaceutical corporation on the timing for application to the Food and Drugs Administration. He advised that the approval of the drug would be detrimental to patients due to the associated side effects; a call the corporation ignored proceeding with the FDA application based on the trials data.
Laraoche's Objection
Laraoche's objection was because the firm did not value his opinion. He was called to the meeting by the marketing team to give his expert opinion on the safety of the drug where he expressed reservations in pushing the drug into the market citing misgivings. The marketing team went ahead to seek FDA approval based on insufficient trial data. He was instructed by Smith to revise the application to the FDA for approval and he refused. In his email to Smith, he expressed his distaste with the fact that a lawyer who, in his opinion knew nothing about drug research overruled his suggestion as a trained Doctor. According to him, this was a professional as well as a personal insult.
Nonetheless, Laraoche was also appalled by the fact that his authority was undermined. He was being used as a rubber stamp authority to approve the FDA application without following the required procedure. As the Director of Medical Research, his main responsibility was to take charge of the development of the drug. It was in order for the Marketing team to seek and uphold his expert opinion as well as have him complete the necessary procedure for the approval of the drug by the FDA. Instead, they made Amy Lateef, the associate director of medical research to sign the application on behalf of Laraoche. Laraoche expressed his disappointment in Smith for undermining the integrity of Perck Pharmaceutical's administrative structure, which requires him as the Director of Medical Research to have the final sign off on all the FDA applications.
As much as Laraoche disapproved the FDA application at that time, he noted in the application that 10% of the one percent of patients experienced side effects from the drug. He went ahead to recommend that the warning label contain information on mood change, anxiety and depression. Smith disregarded this content and instructed Laraoche to revise the contents of the application. The final application made no reference to details of the statistics, instead read "due to statistically insignificant amount of patients" and it did not put emphasis on the side effects as Smith thought the information was not important so he advised against the warning on labeling. The application was falsified to read that expert opinion thought it was not necessary for the label address mood change, anxiety and depression. Laraoche therefore objected to the signing of the application based on the language Smith was suggesting.
Comparison and Contrast to the Pierce Case Law
Doctor Grace Pierce verses Ortheo pharmaceuticals case is similar and different in certain respects to George Laraoche verses Perck pharmaceuticals.
First, Pierce and Laraoche both held the same positions in their respective organizations. They were in charge of research and specifically pharmaceutical drug research. They were both Directors of Medical Research in their respective companies with vast experience spanning more than ten years. With ten-year of experience at Perck Pharmaceutical Laraoche was promoted to oversee the development and research of the therapeutic drugs, an allergy and asthma drug. Pierce on the other hand was also the medical director...
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