It's not clear from the Update whether Lilly did in fact indemnify doctors, because the memo states: "We are investigating the viability of this action," it explains, "and are preparing a business case analysis for senior management's consideration--ASAP."
However, the memo does make one thing clear; that Lilly knew the plan was improper evidenced by the comment that the American Medical Association considered indemnification an "inappropriate incentive" to doctors.
The Update also spoke of a plan to pay the National Alliance on Mental Illness, the most notorious Big Pharma backed front group in the US, millions of dollars to help downplay the news about diabetes and Zyprexa.
The memo said the plan was to "mobilize our allies" and provide "NAMI a multimillion dollar grant to stage a national screening" to "help educate physicians and patients on the inherent risks of diabetes--regardless of the antipsychotic."
It's also unclear here, whether NAMI did "stage" a national screening or how much money the group was paid if it did.
It should be pointed out that there was not one peep in the memo about lets hurry up and warn patients and doctors about the risk of diabetes before more people are harmed, it was all about damage control because Lilly knew that information about diabetes was about to become public, but certainly through no fault of its own.
In announcing his ruling in favor of allowing Lilly to keep the documents sealed, Judge Weinstein issued a 78 page opinion which states in part:
Publication of the protected documents has already created irreparable harm to Lilly by revealing its trade secrets, confidential preliminary research, and merchandising techniques.
This may be true, in fact hopefully it is true. If the disclosure of these documents prevents even one person from taking Zyprexa without knowing about the health risks involved, the ends will justify the means, and Mr Gottstein and Dr Egilman should be declared saints.
But the truth is that they probably will have saved many lives, because on February 13, 2007, FDA scientist Dr David Graham, the guy brave enough to blow the whistle on Merck and Vioxx, testified at a US House of Representatives Energy and Commerce subcommittee hearing and said the off-label use of antipsychotics like Zyprexa to sedate nursing home residents kills roughly 15,000 people a year.
Dr Graham also told members of the committee that Lilly and the FDA had known "for a long time" that Zyprexa caused weight gain that can lead to diabetes.
In addition, for the umteenth time, Lilly's conduct of concealing side effects identified in its own research, from doctors and millions of consumers is not entitled to protection under the umbrella of "confidential preliminary research" or "trade secret" or "merchandising techniques."
Furthermore, engaging in illegal marketing schemes to promote the sale of Zyprexa off-label to the elderly and children, does not qualify for protection under "trade secret," or "merchandising techniques."
Judge Weinstein also said releasing the documents "has made settlement of the remaining MDL and state cases and trials more difficult by creating probable prejudice largely irrelevant to the issues posed by the pending cases and by making impartial juror selection more difficult."
This would be a wonderful outcome as well. The minds of potential Zyprexa jurors will hardly be poisoned by the truth.
Besides, there is a reason why trials are public in this country. Americans have a right and a need to know when giant corporations are knowingly causing harm.
Eli Lilly drug company is being sued by AG's in 7 states for fraud over marketing of their Zyprexa drug.
The zyprexa saga just keeps getting deeper.
It was Lilly that is alleged to have indulged in the excesses of it's 'viva zyprexa' extravaganza.Zyprexa off label promotion scandal is all over the news now.
Eli Lilly zyprexa cost me over $250.00 a month supply out of my own pocket X 4 years and has up to ten times the risk (over non users) of causing diabetes and severe weight gain.
Zyprexa which is only FDA approved for schizophrenia (.5-1% of pop) and some bipolar (2% pop) and then an even smaller percentage of theses two groups.
So how does Zyprexa get to be the 7th largest drug sale in the world?
Eli Lilly is in deep trouble for using their drug reps to 'encourage' doctors to write zyprexa for non-FDA approved 'off label' uses.
The drug causes increased diabetes risk,and medicare picks up all the expensive fallout.There are now 7 states (and counting) going after Lilly for fraud and restitution.
It's good to see the FDA stepping in.
EXTRA-*ELI LILLY PROBED SADDAM BRIBES* IS BREAKING NEWS