AUTH/2863/8/16: Anonymous (non-contactable) v Lilly — sponsorship of training provider linked to a nurse with prescribing influence (No breach)

📅 2016 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/2863/8/16
PartiesAnonymous, non-contactable complainant v Eli Lilly & Company Limited
IssueEngagement/sponsorship involving a training and consultancy company owned by a health professional with NHS roles; allegations of audit-driven switching, coercive funding, and inducement to prescribe
Complaint received3 August 2016
Case completed19 December 2016
Applicable Code year2016
Meetings sponsored (per Lilly)13 meetings (June 2015–July 2016): 8 exhibition stands at two-day accredited training courses; 5 courses at surgeries/hospitals
Panel decisionNo breach of the Code
Clauses considered2, 9.1, 18.1, 19.1, 19.2, 21, 23.1
SanctionsNone

Download the full case report (PDF)


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

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What happened

  • An anonymous, non-contactable complainant raised concerns about a therapy-area training and consultancy company and its owner (a health professional) delivering practice audits, mentoring, education and accredited workshops funded by multiple pharma companies, including Lilly.
  • The health professional was also a specialist nurse contracted by NHS organisations (including a city-based community healthcare organisation (CHO)) and was alleged to have prescribing responsibility and influence within a named CCG.
  • Allegations included: industry-funded “clinical audits” in GP surgeries leading to irregular use of sponsors’ products; patients being initiated or switched to a sponsor’s medicine with little consideration of alternatives; and sales increases allegedly linked to sponsor funding.
  • Further allegations: accredited workshops (RCGP/RCN) delivered with a CCG were fully industry-funded and could be perceived as an attempt to “buy the business”.
  • The complainant alleged coercion: that the consultancy told companies that without support their products would not be used in the CCG, and that representatives felt pressured/threatened regarding funding.
  • Lilly stated it did not fund or commission any clinical audits and that its involvement was limited to sponsorship of 13 independent meetings run by the consultancy (8 exhibition stands at two-day accredited courses; 5 courses at surgeries/hospitals), with the consultancy and CHO team lead controlling content, speakers and attendee selection/registration.
  • The Panel noted the complainant provided no supporting evidence and could not be contacted for further detail.
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Outcome

  • No breach of the Code was ruled.
  • The Panel found the complainant had not established, on the balance of probabilities, that Lilly’s sponsorship (or its level) was an inducement to prescribe or otherwise inappropriate.
  • The Panel found no evidence that Lilly engaged in the alleged audit-related activities.
  • High standards had been maintained (no breach of Clause 9.1).
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