Counters McCormick "this idea of corporate free speech is one we should be worried about. [But] the case just decided in the 9th Circuit Court of Appeals (U.S. v. Harkonen) with similar issues... ruled the other way...
Philadelphia, PA (PRWEB) March 15, 2013
The recent U.S. v. Caronia decision in the 2nd Circuit Court of Appeals indicates that a drug rep's communication with a government informant doctor about the off-label use of a drug for non-FDA approved uses is protected commercial free speech.
According to panelists on The American Law Journal, this ruling could have a dramatic impact on promotion of prescription drugs. Also affected are doctors and the practice of health care and the government prosecution of drug companies in coordination with attorneys for off-label marketing that to date has yielded billions of dollars in civil and criminal settlements.
Online now and airing Sunday at 5:30 p.m. (March 17) on the Philadelphia CNN-News affiliate WFMZ-TV, The American Law Journal presents "Drug Companies, Off-Label Marketing & Free Speech" in the aftermath of U.S. v. Caronia. Joining host Christopher Naughton are New York criminal defense attorney Jennifer L. McCann who represented drug rep Alfred Caronia; Plaintiff's counsel Brian J. McCormick, Jr. of Sheller, P.C.; journalist Ed Silverman with Pharmalot; and from the CNN Washington, D.C. studios, former FDA counsel Anne K. Walsh, now representing drug companies with Hyman, Phelps & McNamara.
The Legal Intelligencer newspaper's senior staff writer Gina Passarella provides background on the Caronia case in an opening feature report.
"This is a very important decision that impacts companies and I think we will see a lot of change in the way the government prosecutes its cases," says Walsh.
Counters McCormick "this idea of corporate free speech is one we should be worried about. [But] the case just decided in the 9th Circuit Court of Appeals (U.S. v. Harkonen) with similar issues... ruled the other way [giving] the Department of Justice [and] whistleblower lawyers something to hang their hats on."
The American Law Journal program can be viewed online now as well as televised Sunday, March 17 at 5:30 p.m. on the Philadelphia CNN-News affiliate WFMZ-TV.
WFMZ-TV cable and satellite system channels: http://bit.ly/ALJchannels. FiOS system subscribers tune to channel 15.
Next week: "Bankruptcy: Chapters 7 & 13- Loan Modifications & Renegotiating Mortgages."
Case cited: U.S. v. Caronia, Docket No. 09-5006-cr (2010)
Case cited: U.S. v. Harkonen, Docket No. 08-0164-cr (2008)
About The American Law Journal
The American Law Journal is the weekly talk-feature program airing Monday nights at 7:00 p.m. and Sundays at 5:30 p.m. on the CNN-News affiliate in Philadelphia, WFMZ-TV to Pennsylvania, New Jersey, Delaware and online. On the air over twenty years, the program discusses consumer, business and Constitutional issues with attorneys, law professors, judges, elected officials and others to shed light on current legal news and how the system impacts the everyday lives of citizens.
Programs are live or taped in studio and on location in and around Philadelphia.
For information, schedules, archived programs and more, go to: http://www.LawJournalTV.com.