Stefan P. Kruszewski

Stefan P. Kruszewski, M.D., May 2011

Stefan Philip Kruszewski is an American clinical and forensic psychiatrist, and was a whistleblower in medically related cases.[1] He is principal in the company which bears his name, Stefan P. Kruszewski, M.D. & Associates, P.C. in Harrisburg, Pennsylvania.[2]

Career

Psychiatrist

A graduate of Princeton University and Harvard Medical School, Kruszewski has over 30 years of clinical and teaching experience in the field of psychiatry, with particular focus on addictionology, neuropsychiatry and neuropharmacology.[3][4]

Kruszewski is a forensic specialist and has worked with both plaintiff and defense litigation. He has testified as an expert witness[5] in a range of cases involving antipsychotic medications[6][7]), antidepressant medications,[8][9][10] analgesic medications (including opioids),[1][11] and a range of psychiatric illnesses.[12][13] Kruszewski has been recognized as a “distinguished expert” by senior federal judge, the Honorable Jack B. Weinstein, United States District Court for the Eastern District of New York (June 2007).[6] He has been recognized as a psychiatric expert by the Honorable Patti B. Saris and testified in the Federal Daubert hearings in US District Court of Massachusetts (May 2009).[14] Honorable Judge Rhonda E. Fischer has also accepted and affirmed expert testimony by Kruszewski in the Frye Hearings in District Court of the County of Nassau, New York State (Jan-May 2009).[8][15]

Fraud investigator

As a fraud investigator for the Commonwealth of Pennsylvania in 2003, Kruszewski uncovered the abuse and medical mistreatment of children and the mentally ill in residential treatment centers, and was eventually fired for trying to expose what he had discovered.[16][17] Kruszewski brought suit for First Amendment claims against the Pennsylvania Department of Public Welfare and in June 2007 he was awarded a settlement.[18] Also resulting, Kruszewski filed his first Qui tam lawsuit which settled in 2009 against Southwood Psychiatric Hospital.[19][20]

He has been a relator in two additional successful Qui tam lawsuits: the first against Pfizer for its drug Geodon which settled in October 2009,[21][22][23][24][25][26] and the second against AstraZeneca for its drug Seroquel which settled in April 2010.[1][27][28][29]

Whistleblower

James Wetta Led case against AZ

In 2009 James Wetta a Senior Pharmaceutical Sales Representative led a team of investigators with the Department of Justice into the investigation and final settlement of a Qui Tam, False Claim Case against Pharmaceutical Giant AstraZeneca. Kruszewski was involved with the settlement.

Kruszewski is a whistleblower, with settlements from suits brought against Southwood Psychiatric Hospital and Pfizer, Inc. Kruszewski became aware of inadequate care and the exploiting of state-committed mentally ill children through overmedication and physical and chemical restraints while working for the Department of Public Welfare, Bureau of Program Integrity for the Commonwealth of Pennsylvania. When he refused to keep silent about his discoveries, he was fired from his position at the state.[30] Kruszewski won settlements for both a First Amendment case against the state of Pennsylvania[18] as well as his first Qui tam lawsuit against the hospital.[31] In the cases against pharmaceutical giants, Pfizer[32] and AstraZeneca,[33] Kruszewski highlighted clinical science that was misrepresented by the defendants in their marketing and promotion of certain drugs. He also demonstrated problems with off-label marketing (marketing that promotes uses, patients or doses that are not approved by the US FDA) which resulted in heightened, but often non-transparent, risk to the health of patients and exceptional costs to taxpayers and state and federal governments.[24][25][26][28]

References

  1. 1 2 3 Voreacos, David and Margaret Cronin Fisk. AstraZeneca Case Rewards Repeat Whistleblowers With $45 Million [Online]. Bloomberg, L.P. 13 May 2010[Accessed 18 Jul 2011]. Available at: http://www.bloomberg.com/news/2010-05-12/astrazeneca-s-520-million-u-s-settlement-rewards-repeat-whistleblowers.html
  2. Kruszewski SP. Doctors' Conflicting Interests Can Cost Money and Lives, and Hinder Medical Discoveries [Online]. 28 Mar 2011[Accessed 18 Jul 2011]. ABC News.com: Health: Wellness. Available from ABC World News: http://abcnews.go.com/Health/medical-conflicts-interest-disaster-patients/story?id=13060973
  3. Kruszewski's complete resume: http://www.spkmd.com/index.php?option=com_content&task=view&id=23&Itemid=40
  4. Fitzharris, Dustin. "The Problem with Pot"[Online]. The Advocate. 26 May 2011[Accessed 17 Jul 2011]. Available at: http://www.advocate.com/News/News_Features/Stefan_Kruszewski_The_Problem_With_Pot/
  5. Law Journal Television. "You're in Good Company."[Online]. Accessed 18 Jul 2011. Available at: http://www.lawjournaltv.com/documents/t3-LJT_MCS_Youre_in_good_company.pdf
  6. 1 2 Weinstein. Memorandum, Order, & Judgment. Zyprexa Products Liability Litigation. Monty Souther, Robert Cusella, Judith New, Beverly Pearson, Donna Worthington v Eli Lilly & Company. Nos. 04-MD-1596, 06-CV-1729. US District Court, Eastern District, New York. 489 F. Supp.2d 230 (2007). Available at: http://www.leagle.com/xmlResult.aspx?xmldoc=2007719489FSupp2d230_1689.xml&docbase=CSLWAR3-2007-CURR
  7. Pringle, Evelyn. "Zyprexa Injury Clock Keeps Ticking Away."[Online]. Scott.net. 1 Feb 2007[accessed 7 Jul 2011]. Available at: http://www.sott.net/articles/show/126548-Zyprexa+Injury+Clock+Keeps+Ticking+Away
  8. 1 2 State of New York v. Brandon W. Hampson, No. 2006NA021294, N.Y. Dist., 1st Dist., Nassau Co.; 2009 N.Y. Misc. LEXIS 2182
  9. Mitev, Vesselin. "Antidepressant Withdrawal Is Blamed for Assault." New York Law Journal. 11 Sept 2009. Available at: http://www.law.com/jsp/article.jsp?id=1202433728708&slreturn=1&hbxlogin=1
  10. Michelle P. LaBaer v Pfizer, Inc. No.294236V. Circuit Court for Montgomery County Maryland.
  11. Daniel B. Timmons v The Purdue Pharma Company; Purdue Pharma LP; The Purdue Frederick Company; The P.F. Laboritories Inc.; The Abbott Laboratories; Abbott Laboratories, Inc. and Mallinckdrodt Inc. 8:04-CV-1479-T-26MAP. US District Court for the Middle District of Florida.
  12. Friedman. Opinion re:Brobst v Workers Compensation Appeal Board Schuylkill Products Inc[Online]. 23 May 2003[accessed 18 Jul 2011]. Available at: http://caselaw.findlaw.com/pa-commonwealth-court/1426141.html.
  13. Keen, Judy. "Legal Battle Ends Over Stuttering Experiment." USA Today.26 Aug 2007[accessed 18 Jul 2011]. Available at: http://www.usatoday.com/news/nation/2007-08-26-stuttering_N.htm
  14. Saris, USDJ. "In Re Neurontin Marketing, Sales Practices, and Products Liability Litigation: This Document Relates to: All Products Liability Actions" Mdl No 1629 Civ Action No 04-10981-PBS (United States District Court, District of Massachusetts)
  15. "New York Judge Allows Zoloft Causation Opinion In Defense of Assault Charges." Mealey's Daubert Report. Sept 2009; 13(9):19. Available at: http://www.lexisnexis.com/documents/pdf/20091112090115_large.pdf
  16. Waters, Rob. "Medicating Aliah." Mother Jones. May/June 2005 Issue. Available at: http://motherjones.com/politics/2005/05/medicating-aliah
  17. Jankovich, Delores MA MSW. "Important Highlights of the 2006 ICSPP Conference." ICSPP Newsletter. 2006. 4: 3-4. Available at: http://psychintegrity.org/storage/newsletter3-pub.pdf
  18. 1 2 Stefan P. Kruszewski v Pfizer Inc., et al. Settlement Agreement. No. 04-1420 (United States District Court for the Middle District of Pennsylvania
  19. Hartman, Patty. "U.S. Attorney Announces First Settlement Involving Psychiatric Residential Treatment Facilities." United States Attorney's Office, Eastern District, Pennsylvania. 22 Apr 2009. Available at: http://www.justice.gov/usao/pae/News/2009/apr/southwoodrelease.pdf
  20. Marketwire. Fish & Richardson and the U.S. Department of Justice Settle Medicaid Fraud and Abuse Case at Southwood Psychiatric Hospital in Pennsylvania [Online]. SYS-CON Publications, Inc. 23 Apr 2009[Accessed 17 Jul 2011]. Available at: http://au.sys-con.com/node/933956
  21. US Department of Health & Human Services and US Department of Justice. "Pfizer Fact Sheet: Pfizer to pay $2.3 billion to resolve criminal and civil health care liability to fraudulent marketing and the payment of kickbacks"[Online]. StopMedicareFraud.gov. Available at: http://www.stopmedicarefraud.gov/pfizerfactsheet.html
  22. Settlement Agreement Between United States and Pfizer, Inc.[Online]. August 2009. Available at http://www.justice.gov/usao/ma/news/Pfizer/Pfizer%20Settlement%20Agreement.pdf
  23. BBC. Pfizer agrees record fraud fine[online]. 2 Sept 2009. Available at: http://news.bbc.co.uk/2/hi/business/8234533.stm
  24. 1 2 Woolner, Ann. AIG of Drugmakers Pfizer is Too Big to Be Guilty [Online]. Bloomberg, L.P. 3 Sept 2009. Available at: http://www.bloomberg.com/apps/news?pid=newsarchive&sid=ahodmf54hyPA#
  25. 1 2 Howard, Lee. Lawsuit hits credibility of Pfizer drug and research [Online]. The Day Publishing Company. 4 Oct 2009. Available at: http://www.theday.com/article/20091004/BIZ02/310049957
  26. 1 2 Drug Discovery and Development. Pfizer Pays $2 Billion to Settle Off-Label Marketing Case [Online]. Ddmag.com. 2 Sept 2009. Available at: http://www.dddmag.com/news-Pfizer-Pays-2-Billion-to-Settle-Off-Label-Marketing-Case-090209.aspx
  27. Settlement Agreement Between United States and AstraZeneca, Inc.[Online]. April 2010. Available at: http://www.justice.gov/usao/pae/News/2010/apr/astrazeneca_settlementagreement.pdf
  28. 1 2 Deming, Tavy and Brian Kenney. AstraZeneca Pays $520 Million to Settle Seroquel Whistleblower Claims [Online]. PRWeb. 28 Apr 2010[Accessed 17 Jul 2011]. Available at: http://www.prweb.com/releases/2010/04/prweb3937374.htm
  29. Wilson, Duff. "Side Effects May Include Lawsuits."[Online]. The New York Times. 2 Oct 2010[Accessed 18 Jul 2011]. Available at: http://www.nytimes.com/2010/10/03/business/03psych.html?sq=kruszewski&st=cse&adxnnl=1&scp=1&adxnnlx=1311017427-KiqB MKPXBpWIPBZssV3pw&pagewanted=1
  30. Stefan P. Kruszewski v Pfizer Inc., et al. No. 04-1420 (United States District Court for the Middle District of Pennsylvania
  31. United States of America ex rel. Stefan P. Kruszewski v Southwood Psychiatric Hospital; and Youth and Family Centered Services, Inc. a/k/a YFCS, Inc. Civil Action No. 05-1839 (Eastern District Pennsylvania)
  32. United States et al. ex rel. Stefan Kruszewski v. Pfizer, Inc., Civ. No. 07-4106 (Eastern District Pennsylvania)
  33. United States of America ex rel. Stefan Kruszewski v. AstraZeneca Pharmaceuticals LP, Civil Action No. 06-4004 (Eastern District Pennsylvania)
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