Qui Tam

Whistle-Blower Protection in Bailout Legislation

By Brian F. LaBovick

Yesterday, Joe Davidson, wrote a great article Groups Seek Whistle-Blower Protection in Bailout Legislation for the Washington Post summing up how important it is for Whistleblower Protection to be considered in this bailout legislation. A letter from 40 organizations was sent to several Senate Committees urging members to include key whistleblower protection in the bailout legislation. This could be a coup for whistleblowers if the language on whistleblower protections are included in the bailout legislation.

Unfortunately, for unsung heroes such as David Ross, a former Food and Drug Administration doctor, this much needed legislation is too late. He sounded the alarms and informed management that there was fraud in the antibiotic, Ketek. Unfortunately, no one listened.  Since then, users of Ketek have reportedly died or suffered liver failure. According to Ross, He tried to work through the proper channels in the system and do what was morally right. He reported findings and suspicions to his management. Unfortunately, to his dismay, he was targeted as the enemy in the agency and could not find recourse in the Courts, like so many other whistleblowers. The sad thing in this instance is that the employer was the FDA, an entity that is supposed to look out for the safety of millions of Americans.  The truth was swept under the rug and the Whistleblower was left out in the cold. 

I encourage to read the blog post by Dylan Blaylock and Axel V. Sabersky of the GAP - All things Whistleblower Blog. They give some interesting Commentary on the subject matter of Whistleblower legislation and the bailout proposal. According to Axel, "All new laws proposed by Congress lack provisions to guarantee jury trials to whistleblowers, which is a protected right written in Amendment VII of the Constitution".  It is a sad day, when our rights to a trial are taken away from us, especially in issues relating to fraud against our government... I hope that the American Public wakes up and let their voice be heard, that whistleblower protections are critical. Especially, if we want to hold corporations, Government Agencies and individuals accountable. 
 

Full post as published by Whistleblower Law Blog on September 25, 2008 (boomark / email).