Thursday, January 22, 2009
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.