Hostname: page-component-7479d7b7d-767nl Total loading time: 0 Render date: 2024-07-10T14:34:58.667Z Has data issue: false hasContentIssue false

The Ethical Health Lawyer: Watch Out for Whistleblowers

Published online by Cambridge University Press:  01 January 2021

Extract

“There's a new whistleblower in Washington,” according to CNN News. He is Food and Drug Administration scientist David Graham, who claims that the FDA failed to warn the public about certain drugs' dangerous side effects and pressured him to change his research's conclusion that the arthritis drug Vioxx caused heart attacks. Another Washington whistleblower, Dr. Jonathan Fishbein of the National Institutes of Health, alleged that he was fired because “he had raised concerns about sloppy practices that might endanger patient safety” in a study of the AIDS drug nevirapine.

Graham and Fishbein thus joined the ranks of whistleblowers who have gained some prominence in recent years for their reporting of corporate or institutional misconduct. The best-known whistleblowers—the FBI's Coleen Rowley, Enron's Sherron Watkins, and WorldCom's Cynthia Cooper, who together received Time magazine's Whistleblower Person of the Year Award in 20024 - focused public attention on the reform of corporate accounting and legal practices.

Type
JLME Column
Copyright
Copyright © American Society of Law, Medicine and Ethics 2005

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Huntington, C., “FDA Scientist Says Drug Testing System is Broken,” CNN News-night Aaron Brown, November 18, 2004.Google Scholar
“Judge Limits Protections That the Law Allows Federal Whistle-Blowers,” N.Y. Times, December 25, 2004, at A12.Google Scholar
Lacayo, R. and Ripley, A., “Persons of the Year” Time, Dec. 30, 2002, at 30.Google Scholar
See Cherry, M. A., “Whistling in the Dark? Corporate Fraud, Whistleblowers, and the Implications of the Sarbanes-Oxley Act for Employment Law,” Washington Law Review 79 (2004): 10291123, at 1049 (“state whistleblower law is murky, piecemeal, disorganized, and varies from jurisdiction to jurisdiction”); id. at 1064 (“patchwork of federal statutes, state statutes, and common law exceptions to the at-will employment rule”); Marksteiner, P. R., “The Flying Whistleblower: It's Time for Federal Statutory Protection for Aviation Industry Workers,” Journal of Legislation 25 (1999): 39–75, at 41–42 (“Dozens of federal and state statutes and a hodgepodge of common law doctrines provide whistleblower protection for workers in a number of different industries”)Google Scholar
See generally Callahan, E. S. and Dworkin, T. M., “The State of State Whistle-blower Protection,” American Business Law Journals 38 (2000): 99132; Cherry, , supra note 5.CrossRefGoogle Scholar
31 U.S.C. § 3730(h) (2000).Google Scholar
See, e.g., Public Health Act, 42 U.S.C. § 1395dd(i) (2000) (employer may not “take adverse action” against a physician who refuses to authorize transfer of un-stabilized patient”) and other statutes cited in Cherry, , supra note 5, at 1122.Google Scholar
See, e.g., Tex. Health & Safety Code § 142.0093 (2001); Tex. Health & Safety Code § 161.134 (2001); Tex. Health & Safety Code § 242.133 (2001); Tex. Occ. Code Ann. § 160.012 (2004).Google Scholar
“Judge Limits Protections,” supra note 3. A Title 42 employee is a research or medical expert who is hired as a special consultant and therefore receives a higher salary than civil servants.Google Scholar
Jackson v. Birmingham Bd. of Educ., 309 F.3d 1333 (11th Cir. 2002), cert. granted, 124 S.Ct. 2834 (2004).Google Scholar
See generally Cherry, , supra note 5, at 1063–1069 (citing 15 U.S.C. § 78j-1; 18 U.S.C. § 1514A; 18 U.S.C. § 1513).Google Scholar
See generally Reiser, D. B., “Enron Org: Why Sarbanes-Oxley Will Not Ensure Comprehensive Nonprofit Accountability,” U.C. Davis Law Review 38 (2004): 205280.Google Scholar
Id. at 1070–1075.Google Scholar
Cavico, F. J., “Private Sector Whistle-blowing and the Employment-At-Will Doctrine: A Comparative Legal, Ethical, and Pragmatic Analysis,” South Texas Law Review 45 (2004): 543645, at 581 (emphasis added).Google Scholar
Cherry, , supra note 5, at 1068.Google Scholar
US Sides with Whistleblower in Lawsuit Against Pfizer,” Dow Jones International News, May 28, 2003.Google Scholar
“For Some Whistle-Blowers, Big Risk Pays Off,” N.Y. Times, November 29, 2004, at A17.Google Scholar
Id.; Lavoie, D., “Pfizer fined $430 million in fraud case,” Seattle Times, May 14, 2004, at C2.Google Scholar
Schwartz, J., “Playing Know And Tell,” N.Y. Times, June 9, 2002, at 4–2.Google Scholar
Alford, C. F., Whistleblowers: Broken Lives and Organizational Power (Ithaca: Cornell University Press, 2001); 63.Google Scholar