quote:"The lawsuit claims the drugmaker’s scheme involved publishing misleading articles falsely stating that Tamiflu reduces complications, severity, hospitalizations, mortality and transmission of influenza. The company then used those articles to aggressively market the drug to the government for pandemic use. Relying on the supposed truthfulness of Roche’s claims, federal and state governments spent about $1.5 billion to stockpile Tamiflu to combat influenza pandemics, according to the complaint."
訴訟文件指出原告控訴羅氏公司長時間以「誤導性」文章不實聲稱克流感能減緩各種流感症狀、死亡率與傳染性。並據此涉嫌使美國聯邦與州政府錯誤信賴從而購入價值$15億美元的克流感。
“"As alleged in the complaint – Tamiflu does not do what Roche promised," said attorney Mark Lanier of the Houston-based Lanier Law Firm. “Roche hid this fact for many years by selectively citing its studies and suppressing the data about Tamiflu. The company utilized lobbyists, key opinion leaders and ghostwriters to promote Tamiflu with a deceptive promise to governments fearful of an influenza pandemic.""
原告律師 Mark Lanier指出羅氏公司透過「選擇性引述其研究並掩蓋克流感真實資料的手法，雇用遊說公司、意見領袖與隱形寫手行銷克流感…」
羅氏藥廠除了此訴訟外，還額外因False Claims Act可能要負擔三倍損害額的懲罰性賠償。
“According to the data as analyzed by the Food and Drug Administration, Tamiflu’s effectiveness is limited to a small benefit of reducing the duration of flu symptoms and preventing onset of symptoms but not transmission or infection. In addition, as early as 2000, the FDA had warned Roche that data did not support its broader efficacy claims and that such statements were misleading."
根據FDA的分析資料，克流感的效果十分有限…此外早在2000年，FDA已經警告羅氏藥廠該公司之資料並不知持其聲稱的廣泛性效果，其宣傳用詞是誤導大眾。
“"The lawsuit alleges that Roche was well aware that Tamiflu is an ineffective product for fighting influenza pandemics," said attorney Clayton Halunen of Minneapolis-based whistleblower law firm Halunen Law. “Yet Roche masterfully marketed this drug to fill Roche’s coffers at taxpayer expense. This is precisely the type of corporate behavior the False Claims Act is designed to stop.""
吹哨人的律師Clayton Halunen 表示羅氏藥廠明知克流感對流行性感冒是無效產品，卻還大肆行銷騙取納稅人稅金。
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元毓說 