Dr. Jarvik Gets A Lipitor Subpoena

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Dr. Robert Jarvik, who stars in TV spots and print ads for Lipitor, is resisting a subpoena filed by several labor unions seeking details on whether the drug is being marketed illegally. Jarvik, who helped develop the Jarvik-7 artificial heart, has declined to fulfill the information requested in the subpoena and also is challenging a motion seeking to compel him to obey.

The subpoena arose out of a lawsuit in which the labor unions sued Pfizer, claiming their health benefit programs paid for Lipitor prescriptions that were written for patients who should not have received them. Pfizer claims the subpoena is frivolous and a form of harassment.

The litigation is another example in a series of unrelated legal maneuvers in which lawyers have attempted to hold celebrities accountable for the things they say in ads. The Federal Trade Commission is currently reviewing celebrity ad endorsements to see whether stars need to make greater disclosures regarding what they say about products. That review was spurred, in part, by drugmakers that used celebs to talk about meds on TV talk shows without disclosing that they were paid to do so.

The Lipitor suit hangs on the arcane language that details the segments of the population for which the FDA approved Lipitor. One segment is defined as people whose LDL cholesterol level is 160 ml/dL or higher. The suit claims Pfizer created marketing materials that suggested Lipitor be used in patients with LDL levels of 130 ml/dL, which would include millions more people than the agency intended.

The subpoenas seek any documents that Jarvik saw regarding Lipitor prior to making the ads; all his communications with Pfizer and its ad agencies; and copies of his compensation contracts. A lawyer for Jarvik declined to comment.

Source: BrandWeek[tags]Advertising, Lipitor, Pfizer, Robert Jarvik[/tags]

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  17. Dear Dr.Jarvik,
    How long did it take you to develop the “Jarvik artificial heart”? What medical school did you go to? What medical school would you say i should go to if i want to be a Pediatric ER doctor? Please e-mail me back. You have inspired me.Thank you for your time.
    Sincerly
    Amanda Morris

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