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Daniel Cha Files Whistleblower Retaliation Lawsuit Against Boehringer Ingelheim

Daniel Cha, a partner at Greenberg Gross LLP, represents a longtime pharmaceutical employee who filed a whistleblower retaliation lawsuit against Boehringer Ingelheim after raising safety and regulatory compliance concerns related to a biosimilar drug.

The lawsuit, filed in Alameda County Superior Court, was brought by Brian Coloma, a former employee of more than 20 years who worked at the company’s Fremont facility. Mr. Coloma alleges he was terminated after repeatedly warning management about potential contamination risks involving Cyltezo, Boehringer Ingelheim’s biosimilar version of Humira.

According to the complaint, Mr. Coloma and his team identified a recurring pattern of high-risk product bag leaks during the manufacturing process, creating the potential for bacterial ingress and contamination. The lawsuit alleges that Boehringer Ingelheim rushed investigations, interfered with internal audits, discouraged escalation of quality concerns, and pressured employees to close investigations prematurely.

Mr. Cha has stated that the case centers on retaliation against an employee who raised serious public safety concerns, and has emphasized that pharmaceutical companies should not retaliate against employees who act to uphold regulatory standards.

The complaint further alleges that Mr. Coloma was subjected to retaliatory actions including the removal of resources from his team, reassignment to a diminished role, and placement on a pretextual performance improvement plan. He was placed on administrative leave in late January 2024 and terminated effective February 1, 2024.

Mr. Coloma asserts claims for whistleblower retaliation under California Labor Code sections 98.6 and 1102.5, as well as wrongful termination in violation of public policy. He seeks lost wages and benefits, emotional distress damages, civil penalties, attorneys’ fees, punitive damages, and a jury trial.

Daniel Cha’s representation in this matter was featured in The Daily Journal.

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