Having written about Mark Duxbury and his whistleblowing lawsuit brought against Johnson & Johnson over the illegal marketing practices of the prescription drug Procit (not to mention the lawsuit against Amgen and its shady marketing practices with Aranesp), I hear from legions of readers. They say they have a whistle to blow, too, and ask: Will I write about them, too?
I wonder if they’re ready to become a real whistleblower. Consider the physical challenge. Most federal and state False Claims Acts require that you bring forward claims that are new and haven’t been disclosed yet, either in court or in the media. Second, it’s not enough to suspect that something is wrong: you have to prove it. That’s why the characters in Blood Feud are so rare: They had e-mails, financial records, documents and other records to bolster their case.
If you bring a case to the government and if you can can show that a company has been billing the government for fictitious services or products, then proceed. After a few years, the government may join your case and, if your case is successful, it may even recover stolen funds. The payoff is that you do right — and earn about 10 percent to 20 percent of those recoveries.
But the tough part is calculating the psychological and emotional toll of such a case. Are you willing to lose your job and friends? Do you have the stamina to fight for ten years? Are you the sort of person who can’t sleep at night knowing that someone out there is robbing taxpayers of public funds?
If you can answer yes to all of the above, congratulations! You’re a WB.