New York, NY - A former Pfizer employee is suing the company, asserting that the dismissal was prompted by his concerns about the marketing of its best-selling lipid-lowering drug, atorvastatin (Lipitor) [1]. Dr Jesse Polansky, who worked for the firm as director of outcomes management strategies from 2001 to 2003, is seeking compensation as a whistleblower, the Wall Street Journal reported yesterday.

Polansky claims Pfizer encouraged off-label use of atorvastatin via "unrestricted educational grants" to companies providing continuing medical education (CME) programs. Part of his job was to assess marketing materials, but when he objected to their content, his employment was terminated, says the article by David Armstrong.

Polansky filed the suit in the Eastern District of New York in February 2004, but it was sealed immediately to permit federal prosecutors time to consider whether or not they would intervene. In August of this year, they decided against this and the seal was lifted. Pfizer was served a copy of the lawsuit earlier this week by Polansky's lawyer.

"The failure of the government to intervene may signal that prosecutors are skeptical about the merits of this case," observes Armstrong.

Pfizer commented: "We believe this case has no merit. Furthermore, after reviewing the allegations in this complaint, the government has declined to intervene in this action. . . . Pfizer does not condone the off-label promotion of our products."

The article notes that off-label promotion of drugs by pharmaceutical companies is prohibited but that doctors are allowed to prescribe products for unapproved uses. Armstrong says that this summer, a congressional committee expressed concerns with regard to CME programs "where doctors are often wined and dined."

Polansky's suit claims that educational programs encouraged doctors to prescribe atorvastatin for people at moderate risk of coronary heart disease—an unapproved indication—and that they also included "deliberate misinformation promoting the idea that kidney-disease patients may need to be treated with statins."

Polansky is now a senior medical officer in a unit that investigates fraud and abuse at Medicare.