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The Texas Lawyers Blog provides useful information on the law and Texas lawyers. For more information on this Blog or a legal topic, please feel free to submit an inquiry or send an e-mail message to blog@texaslawyers.com

Monday, April 2, 2012

Pancreatic Cancer Risk: Persons Taking Januvia and Janumet Should Be Aware of Pancreatic Cancer Danger and Consult Their Physician Regarding Potential Pancreas Cancer Risks by Texas Januvia Pancreatic Cancer Lawyer, Januvia Pancreatitis Lawyer, Janumet Pancreatic Cancer Lawyer and Januvia Pancreas Cancer Lawyer Jason S. Coomer

Pancreatic Cancer: Persons Taking Januvia and Janumet Should Be Aware of Pancreatic Cancer Danger and Consult Their Physician Regarding Potential Pancreas Cancer Risks by Texas Januvia Pancreatic Cancer Lawyer, Januvia Pancreatitis Lawyer, Janumet Pancreatic Cancer Lawyer and Januvia Pancreas Cancer Lawyer Jason S. Coomer

Pancreatic cancer is the fourth leading cause of cancer death for both men and women and is one of the most deadly of all types of cancer. The diabetes drugs, Januvia and Janumet, may cause an increased risk of pancreatic cancer in patients using Januvia. If you have lost a loved one from Pancreatic Cancer or have suffered acute pancreatitis, hemorrhagic pancreatitis, accute necrotizing pancreatitis, or pancreatic cancer; and have been using Januvia, please report the adverse action to the prescribing medical doctor as soon as possible.  For more information on this topic, please feel free to contact Januvia Pancreatic Cancer Lawyer, Januvia Cancer Lawyer, and Janumet Pancreatic Cancer Lawyer Jason Coomer, or use our online submission form

The Diabetes Drug Market is Over $40 Billion Each Year and Growing Rapidly Januvia and Janumet had Annual Sales of $4.7 Billion in 2011

More than 300 million people worldwide suffer from diabetes, including about 30 million Americans.  In 2010, the global prevalence of diabetes was estimated to have reached 285 million and predicted to reach 438 million in 2030. The corresponding figures for North America were 37.4 million in 2010 and 53.2 million by 2030 and in Europe 55.2 million in 2010 and 66.2 million in 2030.  The global market for products in the management of diabetes currently stands at $41 billion and is on pace to grow to over $114 billion by 2018.

In 2011, Januvia annual sales rose 39%, to $3.3 billion, from $2.4 billion the year before and $1.9 in 2009. Januvia along with its sister drug Janumet (a combination of Januvia and metformin) has combined for sales of $4.7 billion for 2011.  Sales of Januvia and Merck’s Januvia (sitagliptin) is approved in all major markets and have outdone initial estimates for the drugs. 

Merck’s Januvia (sitagliptin) is approved in all major markets and is the first in a new class of diabetic drugs called dipeptidyl peptidase-4 (DPP-4) inhibitors.  It is approved by the FDA as an adjunct to diet and exercise to improve glycemic control in adults with type 2 diabetes mellitus.

FDA Information on Sitagliptin (marketed as Januvia and Janumet)

[09-25-2009] FDA is revising the prescribing information for Januvia (sitagliptin) and Janumet (sitagliptin/metformin) to include information on reported cases of acute pancreatitis in patients using these products.

Sitagliptin, the first in a new class of diabetic drugs called dipeptidyl peptidase-4 (DPP-4) inhibitors, is approved as an adjunct to diet and exercise to improve glycemic control in adults with type 2 diabetes mellitus.

Eighty-eight post-marketing cases of acute pancreatitis, including two cases of hemorrhagic or necrotizing pancreatitis in patients using sitagliptin, were reported to the Agency between October 16, 2006 and February 9, 2009. Based on these reports, FDA is working with the manufacturer of sitagliptin and sitagliptin/metformin to revise the prescribing information to include:

Information regarding post-marketing reports of acute pancreatitis, including the severe forms, hemorrhagic or necrotizing pancreatitis. Recommending that healthcare professionals monitor patients carefully for the development of pancreatitis after initiation or dose increases of sitagliptin or sitagliptin/metformin, and to discontinue sitagliptin or sitagliptin/metformin if pancreatitis is suspected while using these products. Information noting that sitagliptin has not been studied in patients with a history of pancreatitis. Therefore, it is not known whether these patients are at an increased risk for developing pancreatitis while using sitagliptin or sitagliptin/metformin. Sitagliptin or sitagliptin/metformin should be used with caution and with appropriate monitoring in patients with a history of pancreatitis.

Januvia Pancreatic Cancer Lawsuit Information, Januvia Pancreatitis Lawsuit Information and Januvia Pancreas Cancer Lawsuit Information

Between October 16, 2006 and February 9, 2009, the FDA received 88 post-marketing cases of acute pancreatitis, of which 66 required hospitalization. The FDA review also found that in over half of these cases, the patient’s pancreatitis resolved once Januvia was discontinued. While diabetics are more vulnerable to developing pancreatitis than those without the disease, it does appear that taking Januvia can potentially increase that risk. And, if pancreatitis becomes chronic, the inflammation of the pancreas will alter its normal structure and functions.

Pancreatic Carinoma, Pancreatic Cancer, and Cancer Pancreas

Pancreatic cancer is the fourth leading cause of cancer death for both men and women and is one of the most deadly of all types of cancer. This year approximately 45,000 Americans will be diagnosed with pancreatic cancer and about 38,000 will die from it.

Unfortunately, pancreatic cancer is difficult to diagnose, and the diagnosis is often made late in the course of the disease.  Early detection of pancreatic cancer is essential and will greatly improve a person's chances of surviving the disease. As such, people that have taken Byetta, especially those with symptoms of weight loss, dark urine and clay-colored stools, back pain, and jaundice, should seek advice from a qualified medical professional as to if they may have pancreatic cancer and what symptoms they should be aware of to detect any early onset of pancreatic cancer.

Pancreatic Cancer, Exocrine Pancreas Cancers (Pancreatic Adenocarcinoma) and Endocrine Pancreatic Cancers

The pancreas is a large organ located behind the stomach and in front of the spine above the level of the belly button. The pancreas performs two main functions:  1) it makes insulin, a hormone that regulates blood sugar levels, and 2) it makes enzymes. The pancreas makes and releases enzymes into the intestines that help the body absorb foods, especially fats.  The pancreas is made of Exocrine cells and Endocrine cells.  Exocrine cells are cells that produce a pancreatic juice that includes enzymes which aid in the digestion of food in the small intestine, breaking up proteins, carbohydrates, and fats. 

The most common kind of pancreatic cancer is pancreatic adenocarcinoma and includes about 90% of the cases of pancreatic cancer.  Pancreatic adenocarcinoma is a cancerous overgrowth of exocrine pancreatic cells and is unfortunately commonly undetected until it is too late for the patient.  Pancreatic adenocarcinoma because of late detection can often result a fatal diagnosis with very limited survival time. Other forms of exocrine pancreas cancer include: intraductal papillary mucinous neoplasm (IPMN), adenosquamous carcinomas, acinar cell carcinomas, mucinous cystadenocarcinomas, signet ring cell carcinomas, hepatoid carcinomas, colloid carcinomas, undifferentiated carcinomas, pancreatoblastomas, and undifferentiated carcinomas with osteoclast-like giant cells.

Endocrine cells are clustered in small groups (called the Islets of Langerhans) scattered throughout the pancreas. These endocrine cells produce important hormones such as insulin, glucagon, and somatostatin.  The hormones called insulin and glucagon help your body control blood sugar levels. Tumors can also occur in these cells, but they are called islet cell tumors and are rare.

The exact cause of pancreatic cancer is unknown. However, it is more common in people with diabetes and people with long-term inflammation of the pancreas (chronic pancreatitis).  It is also thought that the use of Byetta can cause pancreatitis resulting in pancreatic cancer.

Symptoms of pancreatic cancer can include: dark urine and clay-colored stools, fatigue and weakness, jaundice (a yellow color in the skin, mucus membranes, or eyes), loss of appetite and weight loss, nausea and vomiting, pain or discomfort in the upper part of the belly or abdomen, back pain, blood clots, diarrhea, and indigestion.

Pancreatic cancer is often not detected early on and is often advanced when it is first found.  As such, ninety-five percent of the people diagnosed with this cancer will not be alive 5 years later.  Some patients have pancreatic cancer that can be surgically removed are cured. However, in more than 80% of patients the tumor has already spread and cannot be completely removed at the time of diagnosis.  In the few cases where pancreatic tumors can be removed by surgery. The standard surgical procedure to remove pancreatic tumors is called a Whipple procedure (pancreatoduodenectomy or pancreaticoduodenectomy). This surgery should be done by an experienced surgeon and at a medical center that performs the procedure often. Some studies suggest that the Whipple procedure is best performed at hospitals that do more than five of these surgeries per year.

When the tumor has not spread out of the pancreas, but cannot be removed, radiation therapy and chemotherapy together may be recommended. When the tumor has spread (metastasized) to other organs such as the liver, chemotherapy alone is usually used. The standard chemotherapy drug is gemcitabine, but other drugs may be used. Gemcitabine can help about 25% of patients.

Patients whose tumor cannot be totally removed, but who have a blockage of the tubes that transport bile (biliary obstruction) must have that blockage relieved. There are two approaches including surgery and placement of a tiny metal tube (biliary stent) during ERCP.

Managing pain and other symptoms is an important part of treating advanced pancreatic cancer. Palliative care tams and hospice can help with pain and symptom management, and provide psychological support for patients and their families during the illness.

Acute Pancreatitis, Hemorrhagic Pancreatitis, Necrotizing Pancreatitis

Acute pancreatitis is a sudden inflammation of the pancreas that occurs over a short period of time. The pancreas is a digestive organ behind the stomach that secretes essential enzymes needed for the digestion of certain foods, including fats, carbohydrates and proteins. During an episode of acute hemorrhagic pancreatitis, several symptoms relating to digestion and abdomen may occur.  In severe cases, the person may experience confusion, difficulty breathing, or respiratory failure.  The person may also fall into a coma.
The severity of acute pancreatitis may range from mild abdominal discomfort to a severe, life-threatening illness. However, the majority of people with acute pancreatitis (more than 80%) recover completely after receiving the appropriate treatment.  In very severe cases, acute pancreatitis can result in bleeding into the gland, serious tissue damage, infection, and cyst formation. Severe pancreatitis can also create conditions which can harm other vital organs such as the heart, lungs, and kidneys.
The warning signs of pancreatitis include: 1) Upper abdominal pain that radiates into the back. Patients may describe this as a "boring sensation" that may be aggravated by eating, especially foods high in fat. 2) Swollen and tender abdomen 3) Nausea and vomiting 4) Fever  and 5) Increased heart rate.

Acute hemorrhagic pancreatitis is the sudden inflammation of the pancreas. This leads to death of pancreatic tissue and the formation of lesions, causing extensive bleeding. Necrotizing pancreatitis is a serious health condition where a person's pancreas is inflamed and bleeding. In Necrotizing Pancreatitis patients, there is inflammation and tissue death, with the pancreas destroying itself.  Whereas in Hemorrhagic Pancreatitis patients, the pancreas is bleeding.  Both are serious conditions and should be treated immediately.

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If you have lost a loved one from Pancreatic Cancer or have suffered acute pancreatitis, hemorrhagic pancreatitis, accute necrotizing pancreatitis, or pancreas cancer; and have been using Januvia, please report the adverse action to the prescribing medical doctor as soon as possible.  For more information on Januvia Pancreatic Cancer Lawsuits, Januvia Cancer Death Lawsuits, or Januvia Pancreas Cancer Lawsuits, please go to the following webpage: Januvia Pancreatic Cancer Lawsuit, Januvia Cancer Death Lawsuit, or Januvia Pancreas Cancer Lawsuit Information.

Sunday, March 25, 2012

Pharmaceutical World Sales Increase to Over $880 Billion Per Year Including Large Sales Increases in the "Pharmering Countries" by International Pharmaceutical Supply Chain Fraud Whistleblower Lawyer and International Adulterated Drug Whistleblower Lawyer Jason S. Coomer

Pharmaceutical World Sales Increase to Over $880 Billion Per Year Including Large Sales Increases in the "Pharmering Countries" by International Pharmaceutical Supply Chain Fraud Whistleblower Lawyer and International Adulterated Drug Whistleblower Lawyer Jason S. Coomer

Every year over $4.1 trillion (US dollars) is spent worldwide on health services including approximately $850 billion (US dollars) that is spent in the pharmaceutical market on drugs and medications.  In 2011, it is estimated that global pharmaceutical sales are expected to grow by 5% to 7% to around $880 billion.  This growth in sales is led by the 17 so-called "pharmerging countries," which include China, Brazil, Russia, India, Venezuela, Poland and the Ukraine.  These "pharmerging countries", are forecast to see their pharmaceutical spending grow at a 15% to 17% rate in 2011, to between $170 billion and $180 billion overall.

Eight pharmerging countries are amongst the top 20 world pharmaceutical markets, and China is one of the “top three” or will be in the near future.  A few high-profile pharmaceutical companies have been successful in gaining a foothold in these pharmering countries.  These footholds include Abbott’s acquisition of Piramal Healthcare in India — a deal that could potentially make the US giant the top player in this country.  Bayer's and Novartis' investments in China including Novartis'  commitment to invest $1 billion USD in R&D in China and its $125 million USD investment to buy 85 percent stake in a privately held vaccine company.  Pfizer has made inroads into the Russian health care system with a discount-card system in Russia  Sanofi Aventis has purchased Medley, Brazil’s third-largest pharmaceutical company.  GSK and Lilly have also announced anticipated doubling their revenue in emerging markets by 2015.

It is estimated that approximately 10 to 25% of public health care procurement spending including drug contracts, medicines, pharmaceuticals, medical equipment, and medical devices is lost to corrupt and fraudulent acts including adulterated drugs.  As such, there is an international movement to reward pharmaceutical professionals and health care professionals that expose fraudulent and corrupt practices that cost hundreds of billions of dollars and cost lives.  This international movement includes SEC Foreign Corrupt Practices Act Whistleblower Reward Lawsuits and traditional Qui Tam False Claims Act Whistleblower Reward Lawsuits.   

Increased Competition and Expansion in the Pharmaceutical Industry Creates Opportunity for Increased Corruption in Pharmaceutical Procement  and Expands the Opportunity for Fraud in Pharmaceutical Drug Supply Chains that can create Dangerous Adulterated Drugs

Included in this globalization of the pharmaceutical industry is a shift in many international pharmaceutical manufacturing supply chains where raw material supplies for pharmaceuticals, medical supplies, and medical equipment that were traditionally from the United States and Europe are now produced in from China and India as well as other emerging countries.  This manufacturing shift create has created an environment where adulterated ingredients to pharmaceuticals, medical supplies, and medical devices may be used in the manufacturing of these products and can create dangerous and defective drugs, medical supplies, and medical devices being purchased by governments and given to patients. 

International Pharmaceutical Supply Chains Include Active Pharmaceutical Ingredient (API) Manufacturers, Pharmaceutical Intermediate Manufacturers, and Pharmaceutical Excipient Manufacturers All of Which Can Cause Adulterated and Dangerous Pharmaceuticals if Pharmaceutical Supply Chain Fraud Occurs
Pharmaceutical suppliers of raw materials to the pharmaceutical industry include suppliers of active pharmaceutical ingredients (APIs), intermediates, and excipients.   It is the United States Food and Drug Administration's expectation that current good manufacturing practices (CGMP) be used for the manufacturing, processing, packing, or holding (i.e., storage) of active pharmaceutical ingredients (APIs), intermediates, and excipients.  Further, the FDA recommends that laboratory controls should include the establishment of scientifically sound and appropriate specifications, standards, sampling plans, and test procedures to ensure that raw materials, intermediates, APIs, and containers conform to established standards of quality and purity.


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International Whistleblowers along the pharmaceutical supply chain and other health care professionals are being offered large potential rewards to blow the whistle on adulterated pharmaceutical ingredients, adulterated medicine, adulterated drugs, contaminated medical supplies, and defective medical devices.  These whistleblower rewards can come from SEC Whistleblower Reward Lawsuits and traditional Qui Tam False Claims Act Whistleblower Reward Lawsuits.  For more information on these potential whistleblower rewards, feel free to go to the following web pages: International Adulterated Drug Supply Chain Whistleblower Reward Lawsuits, Drug Safety Fraud Qui Tam Adulterated Drug Whistleblower Reward LawsuitsOff-Label Pharmaceutical Medicare Fraud Whistleblower Lawsuits and Drug Procurement Illegal Kickback Lawsuit

Sunday, March 18, 2012

Austin Sees Increase in Fatal Pedestrian Automobile Accidents


The Texas Driver's Handbook is very clear that pedestrian's have the right of way on Texas roads.  It warns drivers to avoid turning their vehicles into a deadly weapon and to always be aware of any pedestrians.  This rule is especially true when a pedestrian is in a crosswalk or in a schooling crossing.  In these situations, pedestrians always have the right of way.

Increased number of auto-pedestrian fatalities in Austin arouses concern

Austin Texas Pedestrian Accident Lawsuit Information

Friday, March 9, 2012

International Whistleblowers Are Receiving Large Rewards for Exposing Government Procurement Bribe Schemes and other Government Corruption by International Government Procurement Bribe Whistleblower Lawyer, International Procurement Contract Bribe Lawyer, and International Procurement Illegal Kickback Whistleblower Attorney Jason S. Coomer

Worldwide government purchasing or government procurement is estimated to be over $10 Trillion each year.  Of this large amount of government purchasing, it is estimated that as much as 20% may be through illegal bribes, kickbacks, and other illicit payments.  Government procurement spending includes military spending; public works projects; public health care (pharmaceuticals, medical equipment, & hospitals); ports, transportation, & roads; mining and oil extraction; power grid and stations; education; law enforcement; and sanitation services.  Because of the vast amount of money spent by governments on government procurement, there are many different types of government procurement illegal bribery schemes, illegal kickback schemes, and other illicit payment schemes that have been created to steal money from the public at the expense of a country's citizens.

For more information on Exposing Government Corruption and Illegal Government Purchasing Kickbacks, please feel free to go to the following web page on International Whistleblower Government Procurement Reward Bounty Actions.

Monday, February 20, 2012

International Medicine Procurement Illegal Bribe Whistleblower Reward Lawsuit, Medicines Supply Chain Bribe Whistleblower Lawsuit, and International Medicine Procurement Foreign Corrupt Practices Act Lawsuit Information by International Medicine Procurement Illegal Bribe Whistleblower Lawyer, Drug Procurement Contract Bribe Lawyer, and International Medicines Illegal Kickback Whistleblower Reward Lawyer Jason S. Coomer

International Medicine Procurement Illegal Bribe Whistleblower Reward Lawsuit, Medicine Supply Chain Bribe Whistleblower Lawsuit, Drug Procurement Illegal Kickback Lawsuit, Pharmaceutical Representative Whistleblower Reward Lawsuit, and Drug Representative Foreign Corrupt Practices Act Lawsuit Information by International Medicine Procurement Illegal Bribe Whistleblower Lawyer, Drug Procurement Contract Bribe Lawyer, and International Drug Representative Illegal Kickback Whistleblower Reward Lawyer Jason S. Coomer
 
Every year over $4.1 trillion (US dollars) is spent worldwide on health services including approximately $750 billion (US dollars) that is spent in the pharmaceutical market on drugs and medications. It is estimated that approximately 10 to 25% of public health care procurement spending including drug contracts, medicines, pharmaceuticals, medical equipment, and medical devices is lost to corrupt and fraudulent acts.  These acts include government official bribes, illegal kickbacks, and other illicit payment and fraud schemes.

The World Health Organization (WHO) defines the term "medicines chain" to be the steps that are required for the creation, regulation, management and consumption of pharmaceuticals.  In other words it is the medication supply chain in the pharmaceutical industry from creation to end user. According to the World Health Organization, corruption is common in the international pharmaceutical sector and occurs throughout all stages of the medicines supply chain, from research and development to dispensing and promotion.  These unethical and corrupt practices in the medicines supply chain can take many forms such as falsification of evidence, false certification of adulterated drugs, import false certifications, export false certifications, conflicts of interest, and illegal bribe and kickback schemes. 

As such, the World Health Organization and many other international public health organizations are seeking public policy changes under the umbrella of good governance initiatives within the medicines chain to reduce government corruption and optimize public health outcomes.  Some proposed public policy changes that can help reduce corruption and fraud in the pharmaceutical medicines chain include: 1) protection of international medicines supply chain whistleblowers; 2) offering financial incentives to international medicines chain whistleblowers; 3) passage of legislation and regulation for drug quality control and official certifications to monitor the transport of medications including the export and import of medicines throughout world and along international medicines supply chains; 4) increased enforcement mechanisms for violations of existing pharmaceutical laws and regulations; and 5) increased resources for conflict of interest management and checks to ensure key people in the medicines chain are not accepting illegal bribes, kickbacks, and other illicit payments.

In response to these good governance initiatives, the international community including the United States, United Kingdom, and many other countries have enacted new anti-bribery and anti corruption laws that will enable persons with knowledge of international medicines supply chain fraud and corruption to expose the illegal acts and reap rewards from blowing the whistle, while being protected from potential retaliation from the wrong doers.

While there are an increasing number of reported cases of corruption in the medicines chain, much unethical practice has historically gone unreported.  This is changing as new whistleblower protections and whistleblower financial incentives are coming into place to help overcome  institutionalized corruption in the pharmaceutical medicines chain and to provide protection for courageous whistleblowers that want to change the institutionalized corruption that is damaging their countries.
Because medicines typically change hands several times in the medicines chain between the drug manufacturer and patients, the large number of steps in the medicines chain allows numerous opportunities for unethical practices to take place.  Therefore increased regulations and laws throughout the medicines chain including manufacturing quality assurances, export regulations and inspections, import regulations and inspections, health care provider regulations and inventory policies, and patient protections are needed.  Fortunately, the new international whistleblower laws will allow international whistleblowers with specialized knowledge of the corruption to blow the whistle on fraud, false certifications, and illicit payments that are occurring throughout the medicines chain.     

A lack of transparency and accountability within the medicines chain can also contribute to unethical practices and corruption.  Therefore increased enforcement mechanisms are needed for violations of existing pharmaceutical laws and regulations.  These enforcement mechanisms include "SEC Bounty Actions" that allow private citizens to work through international medicines supply chain whistleblower reward lawyers to expose significant fraud and obtain large bounties for successful prosecution of pharmaceutical illicit payment schemes.  Ideally, these international medicines supply chain whistleblower reward actions will track fraud and corruption to the root causes and help reform corporate corruption of public health care systems.  Through international pharmaceutical representative whistleblowers, international drug executive whistleblowers, foreign government official whistleblowers, health care provider whistleblowers, and other medicines supply chain whistleblowers, the international community can efficiently identify, expose, and remedy medicines chain corruption.

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International whistleblowers can recover large amounts of money for exposing international medicine procurement kickbacks, medicines supply chain bribes, and other violations of the Foreign Corrupt Practices Act.  As such, pharmaceutical representatives, international drug executives, government officials, physicians, health care providers, community activists, and other persons, who are the original source of specialized knowledge of international drug company bribes, international pharmaceutical company illegal kickback schemes, public health medicine procurement bribery schemes, and other illicit payments for drug procurement, medical device procurement, medication, pharmaceutical, and medical equipment contracts.  

Thursday, February 16, 2012

China Import Export Bribe Whistleblower Reward Lawsuit, China Customs Illegal Kickback Informant Reward Lawsuit, & China Illegal International Trade Bounty Action Information by China International Business Bribe Bounty Lawyer, China Import Export Bribe Lawyer, and China Foreign Corrupt Practices Act Violation Lawyer Jason S. Coomer

China Import Export Bribe Lawsuit, China Business Bribe Bounty Reward Lawsuit, China Customs Illegal Kickback Informant Reward Lawsuit, & China Illegal International Trade Bounty Action Information by China International Business Bribe Bounty Lawyer, China Import Export Bribe Lawyer, and China Foreign Corrupt Practices Act Violation Lawyer Jason S. Coomer

Foreign multinational corporations investing in the People's Republic of China and Chinese multinational corporations investing in other countries can often be held accountable when they violate the Foreign Corrupt Practices Act (FCPA) and other anti-bribery laws.  These laws prevent government corruption including illegal payments to customs agents, bribes for construction contracts, illegal kickbacks for regulatory approval, and other illegal business practices.  Through the Foreign Corrupt Practices Act (FCPA), whistleblowers are encouraged to step up and confidentially report corruption.  Under new whistleblower protections, these Chinese whistleblowers and multinational corporation whistleblowers can confidentially report violations through a Foreign Corrupt Practices Act Lawyer and receive large financial rewards for being the first to properly expose significant government corruption. 
 
China's Emerges as an Economic Superpower through International Trade, Modernizing Chinese Ports & Distribution Systems, Logistics Parks, and Allowing Foreign Investment

The People's Republic of China (PRC) has a population of over 1.3 billion and is the most populous state in the world.  The Communist Party of China governs the People's Republic of China and exercises control over 22 provinces (23 provinces if Taiwan is included), five autonomous regions, four directly controlled municipalities (Beijing, Tianjin, Shanghai, and Chongqing), and two mostly self-governing special administrative regions (SARs), Hong Kong and Macau. Because of this government control of Chinese industries, bribery of Chinese officials, Chinese government bribes, and illegal kickbacks to Chinese customs agents and Chinese regulatory agents are more common. 
The capital city of the People's Republic of China (PRC) is Beijing.  Since the introduction of market-based economic reforms in 1978, China has become the world's fastest-growing major economy.  Since the 1980s, the People's Republic of China has used international trade and foreign investment to emerge as an economic superpower.  From 2001 to 2010, China's international trade imports and exports increased from about $500 billion per year to approximately $3 trillion per year.  A large part of this rapid expansion can be attributed to foreign direct investment that has surged into China.  As of 2012, the People's Republic of China (PRC) has become the world's second-largest economy by both nominal GDP and purchasing power parity (PPP), and is also the world's largest exporter and second-largest importer of goods.

China has spent large amounts of money to construct and modernize approximately 160 Chinese ports including about 50 coastal ports and 110 inland river ports. These ports are an essential part of the development of China's massive import and export international trade.  By investing billions of dollars in these ports, China had been able to drastically increase the total handling capacity of harbors along China’s coast as well as continuously expand its import and export businesses. 

The Modernization of Chinese Ports & Distribution Systems by Allowing Foreign Investment has Greatly Expanded China's Ability to Import and Export Goods as well as Develop Manufacturing Industries

This Chinese import and export network is formed around three major harbor areas: 1) The Bohai Sea area of northern China (including Beijing) is serviced by the ports of Tianjin, Dalian and Yantai; 2) the Yangtze River Delta area includes the ports of Shanghai and Ningbo; and 3) the Pearl River Delta in southern China includes the ports of Shenzhen, Guangzhou and Hong Kong. These ports have experienced tremendous growth and expansion over the last decade and have helped China increase its international trade.

To help develop Chinese ports, the Chinese government has encouraged foreign direct investment into port modernization programs.  By bringing in foreign investments including resources and technology, the Chinese government has been able to successfully expand international trade including imports and exports.  Through liberalization of foreign investment restrictions in the modernization of Chinese ports, the Chinese ministries have been able to improve international trade and port logistics  including in the areas of transportation, freight forwarding, storage, warehousing, and port management.
China's largest and busiest ports include Port of Hong Kong, Port Shanghai, Port of Shenzhen, Port of Guangzhou, Port of Qingdao, Port of Dalian, Port of Lüshunkou, Port of Jiuzhou, Port of Suzhou, Port of Xiamen, Port of Ningbo, and Port of Tianjin.  This thriving network of Chinese ports have seen modernization and logistical technology used to greatly increase China's ability to import and export goods leading to economic prosperity.

However, with this expansion on imports and exports has come fierce competition for Chinese business and huge profits that can be obtained through government corruption and illegal bribes.  These violations include violations of the Foreign Corrupt Practices Act by Multinational Corporations, their wholly owned subsidiaries, joint venture partners, and agents.  These complicated business structures commonly create elaborate bribery schemes to obtain and retain Chinese business including bribing public officials and customs agents to circumvent container certification, legal customs, import requirements, and other legal requirements.  These illicit payments are often paid through an elaborate kickback scheme where employees and agents of large multinational corporation or their wholly owned subsidiary falsely characterize illicit payments to public officials as commissions or other expenses.  Many of these illicit payments are made through foreign banks and are actually kickbacks paid to government officials.

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There is a worldwide effort by the international community to crack down on government corruption, illegal kickbacks, and illegal bribes.  This effort includes initiatives by the United States to identify and prosecute illegal bribery schemes of government officials.  To identify hard to detect bribery schemes, the United States Securities Exchange Commission is offering large bounties (whistleblower rewards) for persons with specialized knowledge of systematic bribes and complicated bribery schemes.  These large economic incentives are designed to encourage import export experts, customs experts, logistics experts, and other persons aware of complicated import and export bribes and government fraud to step up and become a confidential import export bribe whistleblower, customs fraud whistleblower, logistics whistleblower, and other international trade whistleblower. 

The United States Bounty Actions are set up under the Foreign Corrupt Practices Act (FCPA).  The FCPA applies to “issuers” (U.S. and foreign companies listed on U.S. securities exchanges and their employees); “domestic concerns,” which run the gamut of business entities organized under U.S. laws or with their principal place of business in the United States; the officers, directors, employees, and agents of those U.S. business entities (irrespective of nationality); U.S. citizens; U.S. resident aliens; “any person,” including all foreign persons, who commit an act in furtherance of a foreign bribe while in the United States, and U.S. businesses and nationals acting abroad. A Company must require all of its affiliated companies and all of their employees to comply with the Foreign Corrupt Practices Act.

Monday, January 30, 2012

Medicaid Fraud Whistleblower Recovery Lawsuits Recover Billions by Medicaid Drug Marketing Fraud Whistleblower Lawyer, Medicaid Price Fraud Whistleblower Lawyer, Drug Formulary Fraud Lawyer, & Medicaid Drug Kickback Whistleblower Lawyer

The Federal Government and Several States Including Texas Are Making Large Recoveries Through Medicaid Drug Marketing Fraud Whistleblower Lawsuits and Medicaid Drug Price Fraud Whistleblower Lawsuits by Medicaid Drug Marketing Fraud Whistleblower Lawyer, Medicaid Price Fraud Whistleblower Lawyer, Drug Formulary Fraud Lawyer, & Medicaid Drug Kickback Whistleblower Lawyer

In January 2012, the State of Texas and a Medicaid drug marketing fraud  whistleblower squared off against Johnson and Johnson, Inc. and several related companies in Travis County District Court.  In the case, the State of Texas alleged that the large drug company systematically targeted the Texas Medicaid System and fraudulently misrepresented their drug, Risperdal, with false and misleading marketing information.  Further, that the defendants intentionally targeted opinion leaders in the medical community with financial incentives and misleading information in an effort to have the drug placed into treatment guidelines, model state treatment programs, formularies, Texas Vendor Drug Programs, and the Texas Medicaid preferred drug lists.

Attorneys for the State of Texas and Medicaid Marketing Fraud Whistleblower argued that they had reviewed millions of documents and could prove that the large drug company intentionally pushed Risperdal as a safer alternative to the typical medications despite rulings from the Food and Drug Administration that these assertions were not supported by scientific research.  Further, that the defendants orchestrated a fraudulent marketing scheme to seed medical literature with misleading information and influence key medical decision makers to increase Risperdal in the Texas Medicaid Program as well as used this information to push their drug as the established treatment in state Medicaid programs throughout the United States as well as in the Federal Medicare program.

As a result of this Texas lawsuit, the drug maker, Johnson and Johnson, Inc., agreed to settle the Texas Medicaid fraud case for $158 million.  Johnson and Johnson, Inc. has also agreed to a settlement where the drug company will will pay more than $1 billion in civil and criminal penalties to the federal government and individual states to settle an investigation into the marketing practices of its anti-psychotic drug Risperdal.  Johnson and Johnson, Inc. has also been hit in Medicaid fraud cases in South Carolina and Louisiana and was ordered to pay more than $250 million each.


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In a recent Medicaid Drug Fraud Whistleblower lawsuit, the Texas Attorney General Office argued that Johnson and Johnson, Inc. fraudulently manipulated the Texas Medication Algorithm Project (TMAP) in order to establish their drug as the standard of care in the medical industry included getting the drug placed on Medicaid Preferred Drug Lists, Hospital Formularies, and other standards of care.  TMAP is a decision-tree medical algorithm that was designed as a basis for psychiatric management guidelines for doctors treating certain mental disorders within Texas' publicly-funded mental health care system, along with manuals relating to each of them.  By fraudulently manipulating the Texas Medication Algorithm Project, drug companies can push their drug as the established treatment and reap huge profits from state Medicaid programs, Medicare, and insurance policies.

These fraudulent Medicaid drug marketing schemes can be extremely hard to identify as the drug manufacturers typically have large and sophisticated marketing and research departments filled with public relations experts and backed by huge resources to use to push a drug.  Through these experts and sophisticated marketing techniques, the drug manufacturers are able to seed medical research, manipulate decision makers, hire experts to support their research, and target government health care programs.  These marketing schemes are designed to expand drug sales beyond FDA approved uses into off-label uses and to avoid scrutiny of independent research.  

Further, these drug company marketing departments have also devised Physician and Medical Professional Profiling schemes that they can use to determine what best motivates a particular physician opinion leader and use this information combined with advanced marketing techniques to manipulate the well placed physician without the medical doctor even realizing that they are being manipulated.  These techniques include understanding that some medical doctors are research oriented while others are politically motivated, financially motivated, career motivated, or relationally motivated.  By understanding a medical doctor's predispositions, interests, and motivations, a drug company marketing department or medical device marketing department can use or manipulate a well placed medical doctor based on their profiled information and push opinion leaders in targeted medical communities and states to use a specific drug or medical device. 

As such, physician Medicaid fraud whistleblowers, drug company Medicaid fraud whistleblowers, neurologist Medicaid fraud whistleblowers, health care administrator Medicaid fraud whistleblowers, pharmacist Medicaid whistleblowers, and other medical professional whistleblowers are needed to blow the whistle on Billions of dollars in Health Care Fraud.    


Drug Company Influence on Standards of Care and Hospital Formularies Through Marketing Fraud, Fraudulent Research, and Manipulation

Many health care professions have become aware of the strong influence that drug companies now have in determining community standards of care for medication use in patients.  These drug companies push drug samples into many hospitals and often use powerful forms of manipulation including biased research, influencing key medical doctors, and kickbacks to get their drugs placed on hospital formularies. 

Because of the immense power and influence of drug companies, it is becoming common to have drug marketing executives and representative to be able to influence what drugs whole communities.  In many situations the drug companies are more powerful than individual doctors that are forced to follow hospital formularies.  This drug company manipulation of the medical community can be extremely dangerous because it takes important medical decisions out of the hands of individual medical doctors and allows the drug companies to push potentially dangerous drugs for off-label drug uses and in inappropriate situations. 

The drug industry's main goal is to make a profit.  Each drug company is trying to sell as much of their drug as they can regardless of the potential danger to patients or if there are cheaper more effective alternatives available.  If the marketing executives and drug representatives can get their drug placed on a hospital formulary or make it the standard of care in a community, they are able to make lots of money.  Once this is accomplished there are economic incentives to keep expanding the use of the drug to keep expanding off-label uses. 

Recently several large drug companies have been caught fraudulently marketing drugs for off-label purposes.  These drug companies have had to pay Billions of dollars for Medicare Marketing Fraud Off-Label Lawsuits, Medicaid Marketing Fraud Off-Label Lawsuits, and other health care fraud lawsuits.   Despite these large fines, Drug Companies have continued this practice because they are making profits of Hundreds of Billions of Dollars.


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State Attorney General Offices are also targeting retail pharmacy chains that seek to manipulate drug prices to their advantage.  These drug price Medicaid fraud whistleblower lawsuits include pharmacy chains that fail to perform required a drug utilization review and attempt to defraud government health care programs.  Many of these State Attorney General Offices are working with drug price fraud whistleblower Ven-A-Care.  This pharmacy drug price fraud whistleblower has been working on drug fraud cases since 1994 and has held state and federal governments recover more than $2 billion and has won roughly $380 million for itself in the process. 

On February 1, 2011, a Travis County, Texas jury found that a global pharmaceutical manufacturer had misrepresented drug prices to the state's Medicaid program and said the drug company should pay the state and federal government $170.3 million.  These Drug Price Medicaid Fraud Lawsuits are becoming more common as evidence is coming to light that the $700 Billion a year drug industry includes some large drug companies that are defrauding Medicaid, Medicare, the VA, Tricare, and other governmental benefit programs out of vasts amounts of money.

Several governmental officials have made it clear that those who defraud the Medicaid program, Medicare, the VA, Tricare, CHIP and other government benefit programs will be held accountable for their actions.  Recent changes in the False Claims Act and other Qui Tam laws have created stronger protections and economic incentives for whistleblowers with knowledge of drug price fraud and other forms of Medicare Fraud and Medicaid Fraud.  As such, it is important for drug price fraud whistleblowers, pharmaceutical representative whistleblowers, medical device sales representative whistleblowers, drug marketing representative whistleblowers, and other drug executive whistleblowers to blow the whistle on drug fraud pricing schemes.

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For more on this topic, please go to the following webpages: Pharmacy Drug Price Fraud Whistleblower Lawsuit, Pharmacy Inflated Average Wholesale Price Medicaid Fraud Whistleblower Lawsuit, Medicaid Fraudulent Drug Price Fraud Whistleblower Lawsuit, Pharmacy Drug Price Kickback Whistleblower Lawsuit, Pharmacy False Price Information Lawsuit, and Pharmacy Employee Whistleblower Lawsuit Information and Medicaid Drug Marketing Fraud Whistleblower Lawsuit, Medicaid Drug Price Fraud Whistleblower Lawsuit, Medicaid Drug Formulary Fraud Whistleblower Lawsuit, Targeted Medicaid Off Label Marketing Fraud Whistleblower Lawsuit, Medicaid Formulary Drug Fraud Whistleblower, & Medicaid Drug Illegal Kickback Marketing Fraud Whistleblower Lawsuit Information.

Friday, January 27, 2012

Whistleblower Reward Lawsuit Information by Medicaid Fraud Whistleblower Reward Lawyer, Medicare Fraud Whistleblower Reward Lawyer, and Bounty Action Reward Lawyer Jason Coomer

Medicaid Fraud Whistleblower Reward Lawsuit, Medicare Fraud Whistleblower Reward Lawsuit, Securities Fraud Whistleblower Reward Bounty Action Lawsuit, IRS Fraud Whistleblower Reward Lawsuit, Defense Contractor Fraud Whistleblower Reward Lawsuit, and other Whistleblower Reward Lawsuit Information by Medicaid Fraud Whistleblower Reward Lawyer, Medicare Fraud Whistleblower Reward Lawyer, and Bounty Action Reward Lawyer Jason Coomer


Whistleblower Reward Lawsuits are the most effective method for identifying and preventing large scale fraud against the government, in financial markets, and in large corporations.  New whistleblower reward laws have harnessed the power of economic incentives by offering large monetary rewards to whistleblowers that properly report significant fraud.  These whistleblower reward laws have also increased whistleblower protections to prevent and punish retaliation against whistleblowers. 

Qui Tam Actions and Bounty Actions Create Economic Incentives through  Whistleblower Recovery Law that are Extremely Effective in Exposing and Preventing Fraud Against the Government as well as other Unlawful Conduct

Offering large financial awards and economic incentives to persons with knowledge of crimes and criminals including offering whistleblower rewards and whistleblower bounties have been an extremely effective method of identifying unlawful conduct, crimes, and criminals.  When the government offers the economic reward to private citizens for exposing fraud against the government, such actions are called "qui tam actions".  In these actions, the plaintiff is suing on their own behalf as well for the government and taxpayers.

The qui tam provisions of the False Claims Act are based on the theory that one of the least expensive and most effective means of preventing frauds on taxpayers and the government is to make the perpetrators of government fraud liable to actions by private persons acting under the strong stimulus of economic benefit as well as patriotic duty, personal ill will, and/or strong personal ethics.

The strong public policy behind creating an financial reward for whistleblowers is that  the government would be significantly less likely to learn of the allegations of fraud, but for persons in certain positions with specialized knowledge of Medicare fraud, Medicaid fraud, defense contractor fraud, investment fraud, foreign business fraud, tax fraud, or significant fraud that has been committed. Congress has made it clear that creating these financial incentives is beneficial not only for the government, taxpayers, and the realtor, but is an efficient method of regulating government to prevent fraud and fraudulent schemes.

The central purpose of the qui tam whistleblower reward provisions of the False Claims Act as well as the IRS whistleblower reward, SEC whistleblower reward, and CFTC whistleblower reward bounty actions is to set up incentives to supplement government regulation and enforcement by encouraging whistleblowers with specialized knowledge of significant fraudulent schemes against the government and the public to blow the whistle on the fraudulent and criminal acts.

The more recent enactment of the financial fraud whistleblower reward laws are response to large scale fraud that almost collapsed the world financial markets.  These new bounty actions work under the same premise as extremely successful qui tam whisleblower reward laws.  By encouraging private citizens with specialized knowledge of financial fraud, the government is seeking to deter investment fraud, securities fraud, SEC violations, retirement fund fraud, corporate malfeasance, violations of the foreign corrupt practices act, and other forms of financial fraud by offering rewards or bounties to persons that properly expose this fraud.

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Under Federal law, whistleblower recoveries can come through four different whistleblower recovery laws.  The Federal False Claims Act is the oldest of the laws and under this law the Federal Government has brought in approximately $30 Billion.  Under this law successful whistleblowers have been awarded over $3 Billion and these whistleblower rewards are expected to continue to expand as many states are enacting their own false claims act laws.  The Federal False Claims Act was recently amended by the Federal Enforcement and Recovery Act (FERA) including expanding the reach of the Federal False Claims Act to include subcontractors working under a government contractor and other parties working with government contractors.  The Federal False Claims Act was also expanded protection for employee whistleblowers.   States have also been encouraged through economic incentives to enact their own Medicaid False Claims Act whistleblower recovery laws.  These state whistleblower recovery laws must be at least as strong as the Federal False Claims Act whistleblower reward laws for the state to receive the increased economic benefits from the Federal Medicaid Fraud Recovery Program.

Another Federal whistleblower recovery law is IRS Tax Fraud Whistleblower Reward Program under section 406 of the Internal Revenue CodeThis whistleblower recovery law includes significant economic incentives and protections for whistleblowers to encourage people with specialized knowledge of significant tax fraud to step forward and report the fraud.  These protections if used properly can protect whistleblowers from retaliation and allow whistleblowers to recover large amounts of money for being the first to properly report significant tax fraud.  
Two relatively new whistleblower recovery laws are section 21F of the Securities Exchange Act (SEC Whistleblower Bounty Actions), and section 23 of the Commodity Exchange Act (CFTC Whisteblower Bounty Actions).  These laws were passed in the wake of Financial Market Melt Down in 2008 and in response to massive fraud in the financial markets.  These whistleblower recovery laws are designed to encourage people with specialized knowledge of significant investment fraud, securities fraud, SEC violations, commodity futures fraud, violations of the foreign corrupt practices act, and other financial fraud.  These whistleblower reward laws were designed to protect whistleblowers that step up and blow the whistle on financial fraud.

Importantly, the Foreign Corrupt Practices Act and the new SEC Whistleblower Incentive Program work together to reward whistleblowers with original and specialized knowledge and evidence of international business corporate bribery and illegal kickbacks.  These new international business whistleblower reward laws are part of a worldwide movement to expose and punish government corruption such as contract bribes, illegal kickbacks, and large scale international fraud.  These Foreign Corrupt Practices Act should help prevent government corruption in many countries including Russia, China, Mexico, and Brazil.

All of these whistleblower recovery laws have been recently passed or strengthened to provide additional protections and economic incentives to whistleblowers.  By contacting a whistleblower reward lawyer, a whistleblower can greatly increase their ability to make a recovery under these whistleblower recovery laws and use whistleblower protections to prevent or punish retaliation for reporting fraud.    

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For more information on whistleblower reward laws, please feel free to follow the above links in this post and/or the following link: Whistleblower Reward Laws.    

Monday, January 16, 2012

Mexican Oil Company PEMEX Will Probably Need Foreign Direct Investments to Stabilize Production, Resolve Environmental Issues, and Expand Deep Water Drilling Production by Texas Oil Company Foreign Corrupt Practices Bounty Action Lawyer, PEMEX Employee Confidential Whistleblower Reward Lawyer, and International Business Whistleblower Reward Lawyer Jason S. Coomer

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Mineral resources including oil and gas are owned by the Mexican government by constitutional law. Because of the government ownership of mineral interests, the energy sector including oil production and gas production is administered by the government with varying degrees of private investment. Mexico is the seventh-largest oil producer in the world. PEMEX is the public energy company that is in charge of administering research, exploration and sales of oil.  It is the largest company in Mexico, and the second largest company in Latin America after Brazil's Petrobras. 

Because of the Mexican tax system, PEMEX has limited resources to find new sources of oil or upgrade infrastructure.  It is estimated that the Mexican federal government takes over 90% of the national oil company PEMEX’s profits for the Mexican federal budget. For this reason PEMEX has been unable to maintain, upgrade, and/or expand its oil and gas production.  This failure to maintain and upgrade its oil and gas infrastructure has created declining production causing Mexico to slip from the sixth to the seventh largest producer of oil and gas.  It also has raised several environmental concerns with its onshore fields and pipelines as well as its plans to go into deep water drilling.  Though PEMEX claims most of its onshore problems are a result of vandalism, failure to properly invest in the Mexican petrochemical infrastructure is causing several issues.

To stabilize production output, the Mexican government and PEMEX are planning to move into deep water drilling to stabilized output after sharp decreases in some of it largest onshore aging fields.  It is estimated that there are about 30 billion barrels of oil beneath Mexico territorial Gulf waters, but the trick is to have sufficient investment capital to obtain deep water drilling technology.  By adopting new technology and investing in deep water drilling technologies, PEMEX hopes to have some 50 deepwater oil wells operating by 2015 and hopes this will stabilize production for many years.  It is yet to be see, what foreign investment will be needed to upgrade the PEMEX infrastructure to allow the necessary deep water production.

It should be interesting to see if PEMEX, like Brazil's Petrobras seeks foreign investment to obtain the capital needed to safely advance its plans for deep water offshore drilling.  If so, the competition for these oil infrastructure contracts could be fierce and include bribes of PEMEX officials, bribes of Mexican government officials, and other corrupt practices.  
 
Foreign Corrupt Practices Act Prohibits Bribes of Government Officials and Bounty Actions Allow Whistleblowers to Confidentially Report Violations Through Bounty Action Lawyers and Potentially Claim Large Rewards

The Foreign Corrupt Practices Act (FCPA) prohibits bribery of foreign officials by U.S. companies and foreign companies listed on the U.S. securities exchange.  The Foreign Corrupt Practices Act (FCPA) also requires such companies to maintain accurate books and records.  Foreign Corrupt Practices Act Whistleblowers that properly report violations of the Foreign Corrupt Practice Act by a U.S. or foreign companies listed on the U.S. securities exchanges can recover a large reward for exposing Foreign Corrupt Practices Act (FCPA) violations. 

The Mexican national oil company, PEMEX, has many of the same characteristics of  the Mexican electric company CFE.  CFE has been determined to be a foreign government instrumentality in the Lindsey Manufacturing case.  This means that PEMEX can probably be considered to be a foreign government instrumentality and will be covered under the FCPA and will be subject to Bounty Actions.  The characteristics of foreign government instrumentalities under the FCPA include whether the entity was created as a public entity; does its governing Board consist of high ranking government officials; does the entity describe itself as a government agency; does it perform a function that the Mexican government itself designates as a government function; and is the entity financed through governmental appropriations or through revenues obtained as a result of government-mandated taxes, licenses, fees or royalties.

For more information on the Mexican Economy, Foreign Direct Investments into the Mexican Economy, Mexican Government Official Bribe Bounty Actions, and Foreign Corrupt Practices Act Whistleblower Reward Lawsuits, please feel free to go to the following webpage: Mexico Contract Bribe FCPA Confidential Bounty Actions.