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.