AUTH/2779/7/15: General Practitioner v Merck Sharp & Dohme (Conduct of a representative) – No breach | PMCPA Case

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Key facts

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Case number	AUTH/2779/7/15
Complainant	General Practitioner
Company	Merck Sharp & Dohme
Issue	Conduct of a representative (alleged inappropriate closeness, access arrangements, and alleged funding/attendance at practice social events)
Applicable Code year (case page)	2015
Code applied by Panel	2008 Code (pragmatic decision; alleged activities in 2008, precise date unknown)
Clauses considered	2, 9.1, 15.2, 15.4 and 19.1
Outcome	No breach
Complaint received	27 July 2015
Case completed	2 September 2015
Appeal	No appeal

Reviewed by Dr Anzal Qurbain (FFPM) — ABPI Final Signatory

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A general practitioner complained about the conduct of a named representative (who at the time worked for Organon, later acquired into Merck Sharp & Dohme’s responsibility).
Allegations included an openly physically intimate relationship with the complainant’s GP partner and that reception staff were told the representative should always be granted access to the practice.
The complainant said the practice had agreed representatives would not be seen by an individual partner, but alleged this was not followed.
The complainant alleged the representative attended and funded (at the complainant’s invitation) a practice barbecue at the complainant’s home in about 2008, and that the representative invited practice staff to her party in 2008.
The complainant alleged the representative told the practice manager that the complainant had made inappropriate comments to another representative; the complainant said this was then relied upon by his GP partner to make allegations against him.
The complainant later stated the representative’s allegations were used in legal proceedings and in a statement to the GMC; MSD was informed.
MSD investigated but could not interview the representative (no longer employed) and stated historical Organon/Schering-Plough records and SOP archives from 2008 were no longer available due to acquisitions and elapsed time.

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No breach of the Code was ruled.
The Panel found the complainant provided no evidence to support the allegations, and MSD could not access relevant historical records; in the circumstances this was not considered unreasonable.
The Panel pragmatically applied the 2008 Code (activities alleged in 2008; precise date unknown).
No evidence was provided to show the representative funded the barbecue or failed to comply with the practice’s wishes about not seeing individual partners.
The Panel considered there was no evidence the representative failed to maintain a high standard of ethical conduct, including no breach of Clause 2.

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