In Illinois, There’s No Place For Pfizer To Hide

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confidential3.jpgPfizer attorney Bob Schultz thought he had a slam dunk when he asked a Madison County judge to sign a protective order that would have set confidentiality rules in a class action suit over Celebrex and Bextra. He even assured the judge that Steve Tillery, the plaintiffs’ attorney, was on board. Uh-uh. Two days after Shultz proposed the order, Tillery’s associate, Aaron Zigler, sent the judge a letter opposing it. They rep all Americans who paid more for the drugs than they were worth.

Drugmakers are used to seeing confidentiality orders signed. This is a behind-the-scenes dance - the deals can move cases along faster, which is what everyone wants, including judges who are judged by their case backlog. Of course, secret material remains secret, which isn’t necessarily serving the public, even if a big settlement can later be reached. Pfizer was already nervous because Madison County is viewed by the American Tort Reform Association as a judicial hellhole.

That’s why Pfizer wants the case transferred, arguing it doesn’t do business in Madison County, which Tillery says is bulldinky. To strike back, he wants to compel Pfizer to share everything the company knows, The Madison County Record reports. And he’s seeking 50 kinds of documents, including “graphic or oral records or representations of any kind…,” as well as blackberries, palm pilots and “any medium of expression of fixed and tangible form.”

Tillery also wants five years of tax returns and backup records from a Pfizer employee, claiming the records will prove that Pfizer does business in Madison County. Of course, Shultz claims federal regulations prohibit Pfizer from releasing all the info Tillery wants, and argues that some data would improperly identify patients - and disclose trade secrets, impairing the value of Pfizer’s work in developing medicines.

Maybe the judge should refrain from signing the order and let this one play out. Then, at least, there might be more useful info about the drugs.

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