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GSK’s DoJ Settlement Requires Execs To Forfeit Bonuses If Misconduct Occurs

 
• By Brenda Sandburg

GlaxoSmithKline pleads guilty to promoting Paxil and Wellbutrin off-label and failing to report Avandia safety data to FDA; civil portion of settlement resolves off-label and kickback allegations involving nine products. New corporate integrity agreement gives OIG authority to require a recall.

GlaxoSmithKline PLC officers seem unlikely to face individual liability following the company’s record-breaking $3 billion settlement with the Department of Justice. But there is a provision in the accompanying corporate integrity agreement that would require the company to recoup annual bonuses and incentives from executives if they or their subordinates engage in “significant misconduct.”

Under the settlement, GSK pled guilty to promoting Paxil (paroxetine) and Wellbutrin (bupropion) off-label and failing to report Avandia (rosiglitazone) safety data to FDA. Of the total settlement sum, $1...

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