Behind Those Zyprexa Headlines

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There’s a very interesting story behind those pieces last month in The New York Times about the way Eli Lilly marketed its Zyprexa schizophrenia drug. Here’s a reminder: the drugmaker allegedly downplayed links to diabetes and promoted off-label use.

Since then, a ferocious court battle has gotten under way between the drugmaker, patient advocates and free-speech supporters over whether those same Zyprexa documents can be kept confidential or shared with the public.

Now, a federal court judge has “invited” the Times reporter, Alex Berenson, to “voluntarily” appear on Feb. 7 to explain comments at a Jan. 16-17 hearing “implicating him in a conspiracy to obtain and publish confidential documents sealed by this court.” No word yet on whether he’ll show up.

U.S. District Court Judge Jack Weinstein is trying to figure out what happened. Court transcripts reveal Jim Gottstein, the lawyer who supplied the Times with the documents, discussing his conversations with the Times reporter and David Egilman, a Brown University associate professor who is also an expert witness for lawyers suing Lilly and Merck (that’s the Vioxx litigation).

Anyone want to guess how those documents found their way into print?
And does anyone think a journalist will ‘voluntarily’ accept such an invitation?

[tags]Eli Lilly, Free Speech, The New York Times, Zyprexa[/tags]

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