In a split decision on July 27, the U.S. Court of Appeals for the D.C. Circuit overturned part of the penalty against former senior officials of Purdue Pharma. The three judge panel in Friedman v. Sebelius, 11-5028, overturned a 12-year exclusion from working in the pharmaceutical and health care industry for former Purdue CEO Michael Friedman, general counsel Howard Udell and medical director Paul Goldenheim.
Purdue was convicted of fraudulently misbranding its drug OxyContin as a less addictive alternative to other drugs. The trio was convicted of misdemeanor misbranding. Friedman, Udell and Goldenheim appealed the U.S. Department of Health and Human Services’ ban, which was upheld by the district court. The government found no evidence the three executives either knew about the misbranding or participated in it (NYLJ, Dec. 15, 2011).
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