TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, January 22, 2009

Egilman on Zyprexa Settlement

Dr. David Egilman has a post at the Pump Handle blog regarding the settlement of civil and criminal matters by Lilly in the Zyprexa off-label marketing case.  Egilman, who acknowledged in a sworn affidavit to violating a protective order in the litigation, argues against the use of protective orders in pharmaceutical tort litigation and for delivering any sealed discovery to the FDA and DOJ.

He also contends that the criminal charges might not have proceeded if not for his leak of documents, though the criminal investigation began in 2004 (well before the protective order violation) and federal prosecutors do not lack for subpoena power.  Of course, the leak may have highlighted documents that the prosecutors had not focused on, I suppose.


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Zyprexa has generated a lot of bad press for Eli Lilly and they still have unresolved Zyprexa settlement claims.
Eli Lilly is 'reaping the whirlwind' for aggressive marketing of Zyprexa that has caused suffering and deaths.

Daniel Haszard 4 year Zyprexa patient who got diabetes from it.

Posted by: Jehovahinfo | Jan 23, 2009 12:19:02 AM

First, many thanks to Dr. Egilman for exposing the Zyprexa documents. As the mother of a son killed by Zyprexa, this act provided a measure of justice that is otherwise missing in the justice system. 1.4 billion dollars does nothing for my heart, though I am sure the states and federal government can use the funds.

Dr. Egilman is right. This is a system that needs to be corrected in several ways, including prison as part of a choice of criminal prosecution.

My thanks to you, Dr. Egilman, for your ethical and brave act.

Posted by: Anon | Jan 23, 2009 2:11:39 AM

I just read another, related article on the Zyprexa lawsuit on Here is the link to that piece: Unbelievable the problem with illegal drug marketing.

Posted by: Cynthia Diaz | Jan 24, 2009 9:08:02 AM

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