A U.S. District Judge in Brooklyn yesterday ordered that a doctor and lawyer return confidential marketing documents about the schizophrenia drug Zyprexa to Eli Lilly. In his decision, Judge Jack B.
Weinstein also chastised a
New York Times reporter for his role in the matter.
The documents were submitted to support patients who claimed Eli Lilly failed to adequately warn
that Zyprexa can cause diabetes and other illnesses. The plaintiffs also said Lilly promoted Zyprexa for unapproved uses. The court had ordered the documents sealed.
According to
yesterday's order, Times reporter Alex Berenson suggested that David Egilman, a doctor and a witness in the litigation, contact a lawyer in Alaska, James Gottstein. Egilman arranged to pass
sealed documents in his possession to Gottstein, pursuant to a subpoena, an exception to the seal order. The documents were then passed to Berenson.
Calling revelation of the
documents "unprincipled," Weinstein went on to say that "these illegalities impede private and peaceful resolution of disputes."
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