"On January 23, 2007, a follow-up brief on behalf of Vera Sharav, The Alliance for Human Research Protection, and Dr. David Cohen, was filed in federal court of the Eastern District, by their attorney, Alan Milstein, of the firm Sherman, Silverstein, Kohl, Rose, Podolsky.The brief asks the Court to modify the CMO-3 injunction in part by providing that the documents produced by Eli Lilly in the Zyprexa litigation which are the subject of the injunction are not confidential and should be available for public view.
The brief notes:
"At a hearing on the Injunction before Judge Weinstein, January 16-17, 2007, the Court took testimony from attorney Richard D. Meadows of the Lanier Law Firm. Mr Meadows serves as lead counsel to a number of plaintiffs in this case. He testified that, during the course of the Zyprexa litigation, Lilly produced hundreds of thousands of documents, and it designated virtually all of these documents as confidential."
"In this matter, no reason exists for continuing to allow Lilly to classify the Documents as confidential. Lilly willy-nilly designated every document that it produced as confidential."
The facts that Lilly is trying to conceal from the physicians and consumers not the type of information covered by Rule 26(c) because the information in these documents does not contain trade secrets, or confidential research, nor does it contain protected commercial information.
"These are not documents Lilly wants to shield from its competitors; rather Lilly wants to conceal the information contained in these Documents from prospective customers--patients and their physicians who are entitled to such information so that they can make an informed decision as to whether to pursue a certain course of treatment."
Lilly is trying to conceal from the public evidence of severe adverse effects of its drug to protect existing and future sales.
Click on thumbnail below for a copy of Monday's brief
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