Complaint Brought

Smith & Nephew Healthcare Ltd complained that a representative of Johnson & Johnson Medical Ltd had made erroneous, unsubstantiated derogatory remarks about the performance of a Smith & Nephew Healthcare Ltd product on two separate occasions when presenting to health care professionals.

Findings

Member of the review panel considered the documents provided. The alleged statements concerning the Smith & Nephew Healthcare Ltd product had not in fact been made in the presence of any Smith & Nephew Healthcare Ltd representative but had been brought to their attention by individuals who had attended the two presentations. However, the two health care professionals who reported the alleged breaches of the Code were unwilling to provide statements of the occurrences to the SDMA.

In the absence of any firm evidence from those people who were actually present when the alleged breaches of the Code were made, the panel agreed that the complaint was unsubstantiated and therefore could not be upheld. 

Note from the panel reviewing this complaint

The panel urged the SDMA to ascertain the reasons why the people who reported to Smith & Nephew Healthcare Ltd were unwilling to provide statements to the Complaints Committee and to find a means of overcoming their concerns in a manner equitable to all parties involved in future complaints.

Complaint adjudicated on 25 January 2007