Wednesday, January 24, 2007

Zyprexa Transcripts

I will try to read them after kids are in bed, but James Gottstein has posted the transcripts from the hearings a few days ago, along with (among other things) a memo seeking to unseal the documents in question.

Just one quick note -- the expert in question, Egilman, indicates on the record that if deposed, he would assert his right against self-incrimination.  Being civil litigation, that can, of course, be construed against him.  The relevant chunk of testimony (from day two):

16             MS. GUSSACK:  Your Honor is aware, I believe, that
17   the deposition of Dr. Egilman has been postponed as a result
18   of the need to obtain E-mails that have been deleted from his
19   control.  We are hoping to conduct that deposition next week
20   so that we would have that in advance.
21             THE COURT:  When is that deposition going to be
22   conducted?
23             MS. GUSSACK:  I think next Monday or at a time
24   agreed on next week.
25             MR. HAYES:  I have told counsel for Lilly that
0246
1   unless they are willing to commit themselves that they are not
2   going to proceed to seek criminal contempt, that my client may
3   take the Fifth Amendment at such a deposition.
4             MS. GUSSACK:  Counsel for Lilly has shared with Dr.
5   Egilman's counsel the view that we are seeking to obtain a
6   factual record on which all sanctions that are appropriate can
7   be sought.
8             THE COURT:  Are you going to proceed to seek
9   criminal contempt or civil contempt?
10             MS. GUSSACK:  Your Honor, if the factual record
11   supports both civil and criminal sanctions, we will be
12   pursuing both.
13             THE COURT:  Well, you are free to brief the point
14   and it is a very complex point, because all counsel know that
15   contempt is a quagmire in the federal courts as well as the
16   state courts; criminal, civil and all other kinds of
17   categories.
18             You don't have to do very much reading to determine
19   how difficult the procedures are.
20             Now, with respect to the question of whether your
21   client wishes to be deposed, he is going to be deposed or not
22   be deposed.  I don't want a conditional order.  You are aware,
23   of course, that in a civil litigation, the fact that he pleads
24   this privilege may be used against him.
25             MR. HAYES:  I am, your Honor.
0247
1             THE COURT:  In connection with at least credibility,
2   correct?
3             MR. HAYES:  That's correct, judge.
4             THE COURT:  So you have to decide what you want to
5   do but I can't help you at this stage.
6             MR. HAYES:  I understand, judge.

More to come.

http://lawprofessors.typepad.com/tortsprof/2007/01/zyprexa_transcr.html

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