Beginning in 1992, Mark Duxbury and Dean McClellan are high-flying
salesmen for Johnson and Johnson, Ortho branch – happily promoting the drug
Procrit, (or Epogen -- erythropoietin), for anemia. The drug stimulates the
bone marrow to produce more red blood cells. Developed by fledging company
Amgen, it was licensed to Ortho for specific uses. Their careers take off, and
they earn bonuses and stature, peaking in 1993. Soon, however, Duxbury realizes
that he is being encouraged to promote the drug for off-label uses and in
higher doses that will enhance sales and profits through kickbacks. He soon realizes
that the drug is not safe when used in these situations. People are dying
because their unnaturally thickened blood results in strokes and heart attacks.
He raises objections with his employer. For voicing concerns he is ostracized
and then fired in 1998. Along with the stresses of his work, the financial
difficulties and emotional turmoil, Duxbury’s home life is in tatters; his
marriage falls apart and he worries about his daughter Sojourner (Sojie). He
develops multiple health problems, including sleep apnea and dependency on
drugs and alcohol.
Enlisting the help of the famous lawyer Jan Schlictmann (A Civil Action), whistleblower Duxbury launches a qui tam lawsuit in 2002 against his former employer. This is a
civil action under the False Claims Act, which can offer cost recovery should
the charges prove warranted. The lengthy process is still going. The last
ruling issued in August 2009 allowed the case to proceed. But Duxbury soon
after died of a heart attack in October 2009 at age 49.
