Friday, August 13, 2010

Federal Court reaffirms it acts as a big pharma firewall against the release of information related to critical public safety


Federal Court reaffirms it acts as a big pharma firewall against the release of information related to critical public safety


Zyprexa Document Leaker Loses His Appeal


Jim Gottstein, an attorney who was one of three people named as conspirators in the infamous Zyprexa document scandal three years ago, has lost his bid to overturn an injunction leveled against him by a federal judge in New York. A federal appeals court yesterday upheld that decision (look here).

For those who don’t recall, Gottstein, who runs The Law Project for Psychiatric Rights, a non-profit against forced drugging, was accused along with two others by US District Court Judge Jack Weinstein of violating a court order by creating a “sham” to leak and publish sealed Zyprexa documents. The documents, which detailed hidden side-effect data and improper marketing, were published by The New York Times, setting off a feverish debate over the public’s right to know about concealed side effect data.

Last year, however, Lilly agreed to plead guilty and pay $1.415 billion, which included a $515 million fine for a misdemeanor criminal charge, for off-label promotion of Zyprexa (see here), which was only dwarfed by Pfizer’s $2.3 billion settlement. And the others? Weinstein called the Times reporter ‘reprehensible,’ but didn’t mete out any punishment. David Egilman, who was an expert witness for plaintiffs’ lawyers suing Lilly, earlier settled for $100,000 (background here and here. The Drug and Device Law blog, meanwhile, has this to say about Egilman).

As for Gottstein, he sends us this statement: “Today, the United States Court of Appeals for the Second Circuit affirmed the District Court’s injunction issued against me in connection with the subpoenaing and distribution of documents produced in the Zyprexa Products Liability Litigation. I am disappointed in the ruling. The Court of Appeals held the District Court did not abuse its discretion in finding the subpoena was a sham. This is not the case. I believe I acted properly, but understand why both courts would believe this

------------------------------------------------------------

It's understandable that courts would gag certain information in an ongoing proceeding, but in this case the release of the information concerned a critical public health issue which should trump any gag order for release of information by the court.

In this case the court just got it wrong, plain and simple. I am not sure what appeal process is left for Mr. Gottstein, but I hope he continued to battle on against this courts misguided decision. I believe you would find broad public support for the actions he has undertaken whether it met a defined letter of the law or not. Of course the scales of justice are seldom balanced, and selective prosecution when dealing with huge corporate interest should come as no surprise to anyone following this industry and their tremendous political clout over that last few decades.

For more reading on this topic:

http://www.yoism.org/?q=node/402

also there are many articles here -soulful sepulcher, plus more insightful commentary and the Zyprexa documents themselves here @ Furious Seasons

No comments:

Blog Archive

FAIR USE NOTICE: This may contain copyrighted (C) material the use of which has not always been specifically authorized by the copyright owner. Such material is made available for educational purposes, to advance understanding of human rights, democracy, scientific, moral, ethical, and social justice issues, etc. It is believed that this constitutes a 'fair use' of any such copyrighted material as provided for in Title 17 U.S.C. section 107 of the US Copyright Law. This material is distributed without profit.

Terms and conditions on the use of the contents of the “Is Something Not Quite Right with Stan - A Mental Health Blog” site are for informational and entertainment purposes only. Stan does not represent or guarantee the accuracy, completeness, timeliness or reliability of the information or content (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from this website.

Stan encourages you to make your own health care and legal decisions based upon your research and in partnership with a qualified health care and/ or legal professional. The information posted here should not be considered medical advice and is not intended to replace consultation with a qualified medical professional if they exist. I do not answer specific medical questions.

Third party information is gathered from sources that Stan believes to be reliable. However, in no event shall Stan, or any third parties mentioned on this site be liable for any damages resulting directly or indirectly from the use of the content whether or not Stan is advised of the possibility of such damages.

Stan reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the displayed materials.

You hereby acknowledge that any reliance upon any Materials shall be at your sole risk.

Disclaimer of Liability

The user assumes all responsibility and risk for the use of this web site and the Internet generally. Under no circumstances, including negligence, shall anyone involved in creating or maintaining this web site, or shall the website writer or any commenter’s be liable for any direct, indirect, incidental, special or consequential damages, or lost profits that result from the use or inability to use the web site and/or any other web sites which are linked to this site.

Nor shall they be liable for any such damages including, but not limited to, reliance by a visitor on any information obtained via the web site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access.

ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Stan MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.

In states which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.

Disclaimer of Endorsement - Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by me. Nor is an endorsement by me is implied by such links. They are for convenience only, as an index in a public library.

Information Subject to Change - Any information on this web site may be removed without notice. Information may include technical inaccuracies or typographical errors. Furthermore, the information may change from time to time without any notice.

GENERAL INFORMATION - The information contained in this online site is presented and intended to provide a broad understanding and knowledge critical to psychiatric practices and humorous social interaction. The information should not be considered complete and should not be used in place of communication and consultation.

NO WARRANTIES “Is Something Not Quite Right With Stan - A Mental Health Blog” MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES.

This site is not a monologue of truth. It is a catalyst for public debate about medical conduct and for entertainment purposes. The reader is urged to confront officials to clarify issues mentioned herein. This site is designed strictly to provide information for critical, literary, academic, entertainment, and public usage. A qualified and trustworthy medical professional must be consulted regarding medical issues, treatments, diagnoses, etc.; if they exist in all actuality or truth.