What Zyprexa judge said in 2005 – and what he says today…

I really don’t get this at all. Judge Weinstein has had a total change of heart over the last two years.

In February 2005 he said: “…protective orders may have a legitimate role when there is no public impact or when true trade secrets are involved. But we can strike a fairer balance between privacy interests of corporations and the health and safety of the public. A publicly maintained legal system ought not protect those who engage in misconduct, conceal the cause of injury from the victims, or render potential victims vulnerable. Moreover, such secrecy defeats the deterrent function of the justice system.”

But by February of 2007 he says (with regard to the Zyprexa documents): “the disclosure of confidential proprietary material and trade secrets poses a significant risk of harm to Lilly.”

This is simply not true. The documents are available at Furious Seasons. I have a copy of the original ZyprexaKills file. From what I’ve read THERE ARE NO TRADE SECRETS DISCLOSED.

What the internal marketing materials do show is that Eli Lilly encouraged primary care physicians to use Zyprexa, a powerful drug for schizophrenia and biploar disorder, in patients who did not have either condition.

This front page article from the New York Times tells the story.

This link collects all the NYT has said about the Zyprexa case… so far.

4 Responses to “What Zyprexa judge said in 2005 – and what he says today…”

  1. paula Says:

    I wonder how long the documents will be allowed to remain on the internet since Judge Weinstein gave a helping hand to Congress and the FDA as to how getting a subpoena themselves. And what future effect will that have once government and the FDA take his advice and it may then no longer even have to go to court perhaps? There’s more about this here:

    http://www.network54.com/Forum/281849

    Then there’s the case of Jim Gottstein, now left by the court in a position where Eli Lilly is legally able to ruin him.

  2. paula Says:

    Yesterday, Judge Weinstein himself defeated “THE DETERRENT FUNCTION OF THE JUSTICE SYSTEM” in his court ruling.

    There is no way of knowing WHY he ignored his own former words of wisdom in February 1005 on Page 70 of his book “Individual Justice in Mass Tort Litigation”

    “[p]rotective orders may have a legitimate role when there is no public impact or when true trade secrets are involved. But we can strike a fairer balance between privacy interests of corporations and the health and safety of the public. A publicly maintained legal system ought not protect those who engage in misconduct, conceal the cause of injury from the victims, or render potential victims vulnerable. Moreover, such secrecy defeats the deterrent function of the justice system.”

    What we DO know from his actions on the Zyprexa Documents is that they were only words in a book and that

    ACTIONS SPEAK LOUDER THAN WORDS.

    Ergo: He appears not to be a man of his word.

  3. paula Says:

    Something else should be said, I’ve said it already on the ssri site, but perhaps the more places the better.

    “…Lets look at this again:

    “The judge said that the documents’ disclosure posed “significant risk of harm to Lilly,” and that their “out of context” appearance in the news media might “lead to confusion in the patient community and undeserved reputational harm.”

    For anyone who hasn’t got/read the documents it should still be clear enough that however the Judge chooses to defend Lilly, the documents are not ‘trade secrets’ in the sense that they contain information that other companies might seek to procure for themselves and benefit by, but the contents are to remain ‘hidden’ as it might ‘lead to confusion in the patient community’ if used out of context.

    ie, its information that affects the PATIENT.

    Will this information confuse the PHYSICIANS who NEED TO KNOW the risks before prescribing drugs safely?

    By ordering the documents to remain ‘locked in’, JUDGE WEINSTEIN is not helping to stop the media from getting the information, he is ACTIVELY HELPING LILLY HIDE RISK INFORMATION FROM PHYSICIANS.

    WHEN DID UNITED STATES LAW DECIDE IT HAD THE RIGHT TO INTEFERE WITH SCIENTIFIC INTEGRITY, SCIENTIFIC DISCUSSION, SCIENTIFIC KNOWLEDGE and the right to SILENCE DISCLOSURE TO PHYSICIANS OF THE RISKS TO PATIENTS?

    SHAME ON YOU JUDGE WEINSTEIN, USING THE JUSTICE SYSTEM TO SILENCE DISCLOSURE OF INFORMATION TO PHYSICIANS.

    AND ELI LILLY, AS YOU (AND THE US LEGAL SYSTEM) DO NOT WISH TO HAVE TRANSPARENCY & DISCUSSION ON WHICH ALL TRUE SCIENCE IS BASED AND, FURTHER, HAVE WORKED HARD TO SILENCE SCIENCE …

    …THEN YOU SHOULD NOW STOP SELLING YOUR DRUGS UNDER THE BANNER OF SCIENCE.”

    (http://www.network54.com/Forum/281849/message/1171457116)

  4. paula Says:

    Sorry for the upper case. It works OK on the board it was posted, in context with what it was replying to, but not so well in a ‘comments’ area, but there was a bit too much to change it all back to lower case to post it here.

    PS: Link to seroxat documents is in a ‘clear’ message on the INFO board, under February’s info. 🙂


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: