Whistleblower files lawsuit against drug company

Reporting his employer to Health Canada cost one London, Ont., man his job and now he’s seeking compensation in the courts

A former pharmaceutical employee who blew the whistle on his employer after he became aware of serious violations of the Food and Drug Act that were occurring at the drug manufacturing facility, has filed a wrongful dismissal suit.

Darcy O’Neil has filed the suit against London, Ont.-based Sovereign Pharmaceuticals. He is seeking $6,000 in compensation for being fired in June 2003 without notice or payment in lieu of notice.

Sovereign Pharmaceuticals has counter sued for $15,000 in damages for claims of libel, interference with economic interest and theft.

The dismissal and subsequent lawsuit stem from O’Neil reporting violations occurring at Sovereign Pharmaceuticals and its sister company Canadian Apothecary to Health Canada.

Subsequently, a Health Canada investigation uncovered several violations including the sale of unauthorized prescription products, operation of an unlicensed pharmaceutical manufacturing facility and marketing of products with unapproved “Schedule A” health claims.

As a result, Health Canada ordered Sovereign Pharmaceuticals to cease production until the facility underwent a formal inspection and acquired an establishment license. It also ordered Canadian Apothecary to stop the sale of offending products and cease the marketing activities.

O’Neil’s wrongful dismissal hearing has not been scheduled, but is expected to take place in the new year.

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