Genentech and another drugmaker will pay $67 million to settle claims that they misled doctors into prescribing a treatment to lung cancer patients for whom the companies knew it would not work. As a result, some patients may have died earlier than they would have if they had taken more effective drugs, a lawsuit brought by a former Genentech employee and joined by federal prosecutors alleges. From 2006 to 2011 Genentech and its marketing partner OSI Pharmaceuticals promoted Tarceva to treat all patients with non-small-cell lung cancer even though studies had shown that it worked for just those who had never smoked or had a certain gene mutation known as EGFR. Epidermal growth factor receptor is a type of protein found on the surface of cells in the body. The whistle-blower lawsuit was filed in 2011 by Brian Shields, who worked as a Tarceva sales representative and then a product manager. The lawsuit said the companies ... discouraged doctors from testing patients for EGFR. The companies also promoted Tarceva ... by giving doctors illegal kickbacks disguised as fees for making speeches or serving on Genentech's advisory boards. Sales representatives across the country were instructed to spend lavishly" on physicians, the case said, and given "an unlimited budget to wine and dine." Genentech also organized lunches or dinners for lung cancer patients where "patient ambassadors" were paid fees to speak about how Tarceva could be used in ways never approved by regulators, the lawsuit said.