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July 2, 2007 at 10:05:31

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LLY gets shocking (!!??) court decision

by Virginia Simson     Page 1 of 3 page(s)

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Don't let the lawsuits FLY, let them stockpile until this drug is history.
As posted in
"Clinical Psychology and Psychiatry:
A Closer Look" Blog

 

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)

The entirety of the judge's latest ruling can be seen here. This is a potentially big story, but I have little time to discuss it now. Maybe later...

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?

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Virginia Simson is a spiritual journalista/activist who runs a visionary planetary tutorial blogspot, www.ladybroadoak.blogspot.com as well as a blog on the uranium industry and depleted uranium at (more...)
 

The views expressed in this article are the sole responsibility of the author
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3 comments


Zyprexa zenith to zonked

Well done Virginia good to go bravo! 
Do the right thing Lilly!

Where is the evidence that Lilly has actually paid out $1.2 billion?
The shareholders are suing over the zyprexa promotion too.
Zyprexa off label promotion scandal is all over the news now.
Lilly drug reps are alleged to have called their marketing ploy,"Viva zyprexa".
There are now 8 states (and counting) going after Lilly for fraud and restitution.
Zyprexa promotion

Eli Lilly makes billions on diabetes treatment and also gets $4.2 billion a year in sales of their biggest cash cow Zyprexa which has been scandalized as *causing* diabetes as a major side effect.
In 2004, the American Diabetes Association found that Zyprexa was more likely to cause diabetes than many other antipsychotic drugs.
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.
 
Don't shoot the messenger sue for peace!
Notice-however one tries to assign guilt the fact is that in my typical town  doctors have stopped prescribing zyprexa except as a PRN for acute cases.
This is because of all the bad PR associated with the product the patients reject it too, when they or their family log on and read pages like this one.In my case I have a website and over 20,000 pages up exposing zyprexa.
I took it for 4 years 1996-2000 (before the black box warning) at $250 a month co-pay.I got a shocking BG (blood sugar) of 500 in 2000.My doctors say it WAS the zyprexa that caused it.I have NO diabetes in my family.
Moreover,I was given it off-label for PTSD.
I appreciate that Lilly apologist are concerned about the vitality of your company,but it is Lilly that is bragging about a $1.2 billion dollar settlement and then stonewall true victims like me.
Daniel Haszard www. zyprexa-victims.com

by Danny Haszard (2 articles, 0 quicklinks, 0 diaries, 61 comments [7 recommended, 0 rejected]) on Monday, Jul 2, 2007 at 10:27:15 AM

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Reply: Danny we have worked long and hard

for this to come to pass. To get rid of this drug, we have to make its prescription absolutely socially unacceptable. And the truth do tell, we are making it so.

Bit I hope that this goes the whole hog and the drug is finally recalled. Getting financial relief for victims (unfortunately for far too many it is too late), and their families isn't going to do it - not for me at least.

This District Court decision has made it possible for those in no fault countries like New Zealand to SUE. RAH! Class action suits will bring a global affair, not something the FDA can overlook, turning the other way as the damage is done. What has already been pointed out to me today is that people who are now prediabetic or maybe worse, got so many meds prescribed as this waffled on, it is hard to point a direct finger at zyprexa .... and it got prescribed for nearly every existing mental condition, including sleep disorders! Even getting a proper diagnosis became an abnormal condition.

Perhaps the stock will really fall. I hope not before the payouts. These guys are so devious and underhanded, who knows? Maybe they planned it that way. Afterall, as the payouts piled up, zypexa sales revenues continued to soar EVEN AFTER the sales began to fall; they simply jacked up the price some more. Profitability continued to climg. I've heard it went up to $6 a pill; here in Ontario, Olanzapine sells for a more reasonable 60 cents or so. And someone is making rare profits off that, too!

These were just preliminary comments. I didn't have time to think it all through - just a heap of moral questions popped into my mind. I am sure in days to come, some more material "will come through" to me, actually. But then I was never guilty of prescribing it to anyone!! and did have to duck and cover from myself. The APA has plenty of questions to ask ITSELF.

There are no days off for good results in this battle royale, Danny, and you know that, too. PAY UP! GET RID OF THIS DRUG! Get the FDA to protect people PROMPTLY. Get Big Pharma out of the "education" of doctors racket; CME exam courses must be monitored.

Last point of the day -- all these dis-eases and true mental and emotional imbalances existed before in history. What did people do before Big Pharma? How can we reclaim and institute real healing modalities that work without harm to individuals and the conscience? What mental illnesses are invented for profit? What must we do to make this a fair and equitable society? This zyprexa case raises many horrible, but necessary questions.

In sisterhood, Danny, and BLESS YOU.

Virginia

by ladybroadoak (39 articles, 20 quicklinks, 12 diaries, 394 comments) on Monday, Jul 2, 2007 at 3:06:09 PM

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Thanks for the info.

I never have trusted any of the drug companies. If what the judge has ruled stands on appeal, LLY will go down very hard. And yes the law suits will fly. I don't personally know of anyone that has taken this drug. I'm sorry this company has harmed you but I know their are some smart attorneys out there that are going to hang this company out to dry.

by Gallaher (2 articles, 0 quicklinks, 4 diaries, 991 comments [34 recommended, 1 rejected]) on Tuesday, Jul 3, 2007 at 2:00:41 AM

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