Johnson & Johnson’s Pathological History of Retaliation Against Their Victims
Updated: September 26, 2016 Below Original: Motion to Dismiss
Updated: September 23, 2016
Big Pharma urges acquittal for ex- Johnson & Johnson Acclarent execs – MassDevice
September 20, 2016
#SerialKillerCEO Johnson & Johnson Alex Gorsky
Updated: What? Employees who expose the negative truth about a company and call an internal “ethics” hotline get retaliated against? Looks like Wells Fargo has training wheels on compared to Johnson & Johnson regarding both fraud & retaliations claims. Well, at least Wells Fargo isn’t killing anyone, same can’t be said for Johnson & Johnson. If employees fear retaliation they won’t come forward and consumers & patients will continue to get harmed. This site is not only for consumer/patient victims, it’s also for employee victims like myself or Wells Fargo retaliated employee Bill Bado or the many of thousands of us that have lost our jobs or careers because of executive executed fraud.
Again, there varying degrees of victimization but every victim deserves the opportunity to seek justice and injured victims need the help of injured employees to create the kind of change necessary to reduce consumer or patient injury and to forced accountability on the executives who knowingly and willingly committed fraud at ALL of our expense.
Remember to think of your company’s HR (or ethics) department like your spouse’s divorce attorney, they’re not there to protect you. And if a company ignores EECO rights (sexism, racism or retaliation) it represents a trigger that the company is far more likely engaged in far greater unethical and or illegal behavior that harms more than just one person, just ask the 5,300 terminated Wells Fargo employees, or the Johnson & Johnson DePuy Synthes or Acclarent employees laid off. Consumer or patient victims may not understand what sexism, racism or retaliation has to do with fraud that ultimately caused their injury but the employees do!
Former Wells Fargo employees claim retaliation. https://t.co/VzT0sFd0O4
— Skoler Abbott (@SkolerAbbott) September 22, 2016
By now most of you know I was a federal whistleblower against Johnson & Johnson and subsidiary Acclarent, where a medical device, the Relieva Microflow Spacer, was removed from the market before it could harm to patients. I started this website, while still under federal seal, writing about my own case using my own name and was careful not to break the seal (or expose myself as the whistleblower). It is to our knowledge, the first time a whistleblower, under federal seal took such a strong action against the DOJ’s wishes using my First Amendment rights. This was not ego driven or about being “right” it was about doing what’s right not just for myself and the other victims of workplace abuse but for all patient victims, specifically Johnson & Johnson’s, with the hope of bringing much needed media attention to a company, whose CEO Alex Gorsky, is nothing more than a serial killer hiding behind subsidiaries.
I’ve spoken to several journalists since the news broke in late July, who wanted to know if the reports of my receiving $3.5 million from the DOJ’s $18 million recovery from Johnson & Johnson were accurate (I can assure you, as can my CPA, that amount never hit my bank account), or if I’d sued any other company for sexual harassment (implying I sued Acclarent for sexual harassment, I didn’t & sexism, experienced in the workplace, especially prevalent in venture capital-funded startups, is different-but a Silicon Valley reporter should know that), who I “dated” at my former company (because criminals, ethical by nature, would never create a diversion to distract from their own negative truth), and yes, a female reporter asked me that question and if she’s never experienced sexism in the workplace, I guess a better question is who did she “date” at her workplace.? No question was as insulting or offensive as “Didn’t you try and reach out to media during this time (while under seal) to draw attention to medical device fraud?”
Seriously? I started this site, Killing My Career, (not exactly subtle) in January/February 2014 and the federal seal wasn’t lifted until July 22, 2016; and, none of the major outlets came knocking until after all the heavy lifting was done. Instead of reporters asking the real questions, like:
What does the DOJ do with the remaining $14.5 million, why don’t taxpayers know or have a say?
Why didn’t the DOJ go after ill-gotten gains of any Acclarent employee who made over $1 million?
Why would the DOJ exclude the whistleblower from legal strategy in the criminal case? (That’s not the same as testifying, nor should that be the goal of any AG in this country-the case should be strong enough without the whistleblower’s testimony or they haven’t done their job-the whistleblower did theirs, it’s not their job to do the AGs too).
How could a federal judge ask a federal whistleblower, without the presence of her own counsel, in front of the defense and prosecution, in her chambers and on the record, to stop using her First Amendment right to write about the criminal trial while the indicted executives were using the First Amendment as their defense for committing fraud?
How could that same federal judge allow or not know that one of the criminal defense attorneys was staring down the federal whistleblower as a means to threaten & intimidate, “in her courtroom?”
How could the same federal judge allow the defense team to lie in opening remarks and not tell the jury specifically what was not wholly truthful?
Why wasn’t, among others, Josh Makower, patent holder of what became the Stratus Microflow Spacer, founder of startup Acclarent and NEA General Partner who helped fund the startup, arrested and tried in federal court?
How could former Acclarent CEO William (Bill) Facteau laugh when the prosecution read an email he sent to a doctor complete with a packet of grape Kool-Aid, for other internal staff to “peruse” to show he bullied the doctor back in line for fraud?
Why wasn’t the SEC involved since there was clearly shareholder fraud?
What happened to the original disgorgement amount Johnson & Johnson was supposed to pay of $30 million-$40 million (for each device sold since not a single one was ever used on label first?)
Why are we allowing two corrupt entities (DOJ & JNJ) negotiate on behalf of the American people behind closed doors?
At what point does the seal protect the two corrupt entities at the expense of the American people?
How many Corporate Integrity Agreements (CIA) does one company get to sign before the DOJ realizes the company has no integrity?
Why is SEC or DOJ allowing Johnson & Johnson to enter into or acquire any new companies until all their mesh, hip, talc cases are settled (that means money in victim’s accounts-not theoretical-but in their accounts)?
Why isn’t Johnson & Johnson banned from receiving any U.S. Government monies including subsidies for the development of vaccines for a minimum of 10 years?
Why isn’t Johnson & Johnson barred from all federal contracts (CMS/ Medicare, Medicaid, TriCare) until they can remain off the False Claims list for five years?
Why did Johnson & Johnson Development Corporation (JJDC) invest money into now convicted ex Acclarent CEO William (Bill) Facteau’s new startup EarLens?
How didn’t the female reporter from Silicon Valley know that Johnson & Johnson’s venture capital firm invested in Acclarent prior to the sale in January 2010?
Why weren’t Johnson & Johnson executives and venture capital firm/Acclarent board members prosecuted?
How is it that traveling killing caravan of Johnson & Johnson’s CEO Alex Gorsky, Worldwide Ethicon Medical Device Executive Gary Pruden and follow-behind clean up gal, last known at DePuy Synthes, Bridget Ross, not all sharing a jail cell with Bernie Madoff?
Those are just a few, off the top of my head.
It’s just easier, you know, to imply I did my job on my back and cashed in on a big payday. Well, let’s break that down for nothing more than context. I was making $250,000 a year at Acclarent, this case was filed July 2011, I was without a job from July 2012 on and the case finally settled July 2016. After taxes and attorneys share (that’s different and above and beyond attorney’s fees-and trust Delaney Kester was worth their weight in platinum) I’m left with less than $700,000. I would have made more money if I’d kept my mouth shut; but, again, that’s not why I did this. It’s not a complaint but it is a reality. I didn’t do this to make friends with the Attorney Generals, the federal judge and certainly not the defense or their assclowns of a defense team: Leo Cunningham of Wilson, Sonsini, Goodrich and Rosati, Frank Libby of Libby Hoopes or Steptoe & Johnson’s attorney who tried (unsuccessfully & laughably) to stare down a federal whistleblower in a federal courtroom in front of her FBI handler, the man who loves the sound of his own voice, Reid Weingarten.
One reporter asked if “I was sure?” that I didn’t make more on the settlement. Yes, I was, and maybe now she could get off the idea that any whistleblower does this for the money. I did tell her that her accusatory tone of doubt was abusive and that she should refocus her questions on the facts of the case or more importantly the hundreds-of-thousands of other Johnson & Johnson victims that still needed media attention.
If employees fear retaliation they won’t come forward and patients will continue to get harmed.
I became a whistleblower to expose the negative truthful information about venture capital funded startups that use innovation as a manipulation to evade the law, leaving behind a wake of injured patient victims. NEA (New Enterprise Associates) who in part funded Acclarent also in part funded Gynecare (purchased by Johnson & Johnson subsidiary Ethicon) & what’s now know as Bayer’s Essure. Perhaps this overzealous Silicon Valley female reporter would like to ask all these female victims of corporate abuse who all they “dated” at the companies that injured them.
Tomorrow, Covington LLP (where former US Attorney General Eric Holder works) who are also the attorneys representing Johnson & Johnson along with my own attorneys from Delaney Kester, will meet in front of Judge Young in Boston Federal court to discuss my retaliation claim for wrongful termination. Why ever would a company worth $65.8 billion, who paid $785 million for Acclarent and only paid the DOJ $18 million in civil damages, who had to deal with the humiliation of indicted & convicted former Acclarent executives, William (Bill) Facteau & Patrick (Pat) Fabian, currently awaiting sentencing October 16, in Judge Allison Burrough’s Boston Federal courtroom, ever retaliate against a female medical device rep who lost her 13-year, hard earned career for exposing the negative truth Johnson & Johnson would rather have remained hidden?
I’m one of the least injured victims of in a long line of Johnson & Johnson created victims where the company places blame without taking accountability and further still insults and demeans their victims by filing abusive motions to dismiss or appeals despite knowing they under-reported adverse events, shredded documents associated with mass tort trials or targeted minorities knowingly & willingly with cancer causing agents. Not until you cry on the phone with a man who lost a testicle due to mesh, or hear a woman and how she can no longer have sex because the mesh caused internal damage or perforated her vaginal wall cutting her husband’s penis, or you read through your tears an email from a family thanking you for exposing Johnson & Johnson, who settled out of court in their case, because their father, who should have been celebrating his 50th wedding anniversary with their mother, was instead testifying in court on her behalf since she died before her trial date, do you know the pain of Johnson & Johnson victims.
There are different degrees of victimization at the hands of Johnson & Johnson, but each victim, myself included, deserves justice on the way to becoming an empowered survivor and, that only happens through forced legal accountability. I fully suspect, right out of The Sociopathic Business Model™playbook, that Johnson & Johnson will file a motion to dismiss my retaliation claim because that’s what unrepentant, pathologically abusive companies do to further insult and demean their victims. The one thing the female Silicon Valley reporter was right about, was that everyone in Silicon Valley is looking at the outcome of the Facteau & Fabian sentencing “to see how much they can get away with in the future.” Judge Allison Burroughs was more concerned about giving the now convicted criminals a “fair trial” that she failed to protect the whistleblower in her own courtroom, so I’m not too hopeful she do any better of a job of protecting the American public from these criminal so I’ll make Johnson & Johnson a deal, I’ll drop my retaliation claim if Facteau & Fabian are sentenced to jail and Gorsky, Pruden and Ross are immediately fired. Now that’s money well spent.
If you think you’re a victim of employment abuse, force legal accountability as a means to create positive change and become an empowered survivor, plus nothing is more fun that pissing off a bunch over overpriced defense attorneys.
UPDATED: September 26, 2016 As predicted by The Sociopathic Business Model™ based on the pathological history of Johnson & Johnson’s abuse towards their victims, created by their company’s own unethical & illegal behavior, they filed a motion to dismiss my retaliation case from the False Claims (or whistleblower) case. My response:
My attorneys response, I suspect, equally succinct.