BIIB Room 4207
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BIIB Room 4207
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False Claims Act Whistleblower Recovers More than $2.5M in Damages in False Claims Act Whistleblower Retaliation Case
Danita Erickson, a former sales representative at Biogen, prevailed at trial on her claims under the whistleblower protection provision of the False Claims Act and Title VII gender discrimination. Erickson alleged that Biogen terminated her employment in retaliation for her internal whistleblowing about the off-label promotion of Zinbryta for aplastic anemia (a use outside the FDA-approved labeling). After raising her concerns to her manager and a senior manager of a division, Erickson went from being the second-highest ranked salesperson in the combined territories of Seattle, Tacoma, Western Washington, and Alaska to being listed as a “bottom performer” in the West Division and slated for termination.
Following post-trial motions, Judge Coughenour issued an order denying Biogen’s motion for a new trial and awarding Ms. Erickson the following damages:
Danita Erickson, a former sales representative at Biogen, prevailed at trial on her claims under the whistleblower protection provision of the False Claims Act and Title VII gender discrimination. Erickson alleged that Biogen terminated her employment in retaliation for her internal whistleblowing about the off-label promotion of Zinbryta for aplastic anemia (a use outside the FDA-approved labeling). After raising her concerns to her manager and a senior manager of a division, Erickson went from being the second-highest ranked salesperson in the combined territories of Seattle, Tacoma, Western Washington, and Alaska to being listed as a “bottom performer” in the West Division and slated for termination.
Following post-trial motions, Judge Coughenour issued an order denying Biogen’s motion for a new trial and awarding Ms. Erickson the following damages:
- $729,140 in front pay, reduced from $2,143,722 awarded at trial.
- $300,000 in punitive damages, reduced from $1,690,000 due to the statutory cap;