AUTH/2946/3/17: Anonymous consultant oncologist v Merck Serono (Erbitux) — no breach (representative conduct) | PMCPA Case

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Key facts

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Case number	AUTH/2946/3/17
Complainant	Anonymous, non-contactable complainant (described as a consultant oncologist)
Company	Merck Serono
Medicine	Erbitux (cetuximab)
Issue type	Conduct of representative / frequency and manner of calls and contacts
Applicable Code year	2016
Clauses considered	7.1, 7.5, 9.1, 11.2, 15.2, 15.4, 15.9
Decision	No breach of the Code
Complaint received	21 March 2017
Case completed	28 June 2017
Appeal	No appeal

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

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An anonymous, non-contactable complainant (described as a consultant oncologist) complained about a Merck Serono representative’s conduct promoting Erbitux (cetuximab).
Allegations included: frequent email contact; frequent (often monthly) appointment requests; representatives arriving in day unit/out-patients without appointment or permission (against trust policy); presenting “old data” when “new data” was expected; and not providing paper copies of information shown during appointments.
The complainant said they had raised concerns with the representative, who allegedly said Merck expected frequent clinician contact regardless of individual preferences.
Merck Serono said it investigated but could not identify the representative or location due to lack of specifics; it provided training materials, guidance for customer-facing staff, an incentive plan, and examples of how it handled hospital access restrictions and medical information requests.

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No breach of the Code was found.
The Panel concluded the complainant did not discharge the burden of proof “on the balance of probabilities”, noting no supporting evidence (eg, hospital location) and inability to contact the complainant for more information.
No breach rulings were made for Clauses 7.1, 7.5, 11.2, 15.4, 15.9, 15.2 and 9.1.

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