Let the Lawsuits Fly
From a press release from Prescription Access Litigation...
A U.S. District Court judge today issued a decision
allowing to go forward a class action lawsuit that alleged that Eli Lilly & Co. (NYSE: LLY) fraudulently marketed the atypical
antipsychotic drug, Zyprexa, for uses not approved by the FDA. Judge Jack B. Weinstein, of the U.S. District Court, Eastern District of NY, denied Eli Lilly's motion for summary judgment, as well as a summary judgment motion filed by the plaintiffs.
The 14-page order highlighted the importance of the Courts in protecting the public in the arena of prescription drugs. The Judge stated:
"Under the present organization of the pharmaceutical industry, the official federal Food and Drug Administration (FDA), and the plaintiffs' bar, the courts are arguably in the strongest position to effectively enforce appropriate standards protecting the
public from fraudulent merchandising of drugs." (Opinion, pp. 3-4)
Okay, MY preliminary comments.
1. But clearly, the legal department at Eli Lilly DID approve these uses. They knew that they could, and probably would, get sued after extending beyond the FDA approved uses. This rises many points:
What kinds of lawyers are these ..?
I have posted about the head of their legal department previously. He is considered a 'fine' attorney. But whose interest IS he looking out for?
How big are the financial rewards that they are getting that they would risk this kind of hideous exposure of their moral bankruptcy ..?
Afterall, the persons to whom they are illegally selling this drug are youth and old people, who in many cases were given NO CHOICE about whether to take it or not.
How did they drown out ALL voices of dissent about what was going on? Were they taking too much of their own medications ..?
2. There is the obvious question of who was watching The Watchers ..?
Why did the FDA not step in and cease all sales of the drug when clearly it was getting so obviously "over stepped" ...?
Why did it take the action of States suing to force this out into the open? We know now all about VIVE ZYPREXA, the Lilly sales forces' marketing plan, whereby each sales rep got bonuses for coming up with new "ideas" for uses and exceeding sales expectations. Were they wining and dining the FDA, right along, too ..? How did this spiral become so out of control? What procedures are in place to stop this total madness?




