GRASSLEY
SEEKS MARKETING AND SAFETY DOCUMENTS FROM MAJOR DRUG MAKER
WASHINGTON - Sen. Chuck Grassley is asking the drug
maker, Eli Lilly and
Company, for information related to the risks and marketing of the
anti-psychotic drug Zyprexa.
Grassley made this request in response to allegations that the company
downplayed safety risks and engaged in other improper marketing
practices that may be jeopardizing patients' health. The text of
Grassley's letter follows here.
April 4, 2007
Via Electronic Transmission
Sidney Taurel
Chairman and Chief Executive Officer
Eli Lilly and Company
Lilly Corporate Center
Dear Mr. Taurel:
As a senior member of the United States Senate and as Ranking Member of
the Committee on Finance (Committee), I have an obligation to ensure
that the public's money is properly spent to provide safe and effective
treatments to the vulnerable populations that are beneficiaries of the
Medicare and Medicaid programs.
I am aware of several pending products liability actions regarding
Zyprexa, an anti-psychotic drug manufactured by Eli Lilly and Company
(Eli Lilly). Specifically, questions have been raised regarding safety
information and marketing practices relating to that drug. Furthermore,
I understand that Eli Lilly produced certain documents in the course of
these litigations that shed light on issues of interest to the
Committee.
On December 20, 2006, I wrote to Dr. David Egilman, a plaintiffs'
expert, to request information and documents related to Zyprexa. Dr.
Egilman did not provide any confidential Eli Lilly documents regarding
Zyprexa. Instead, Dr. Egilman responded to my request by providing the
Committee with a copy of a discovery order, dated December 15, 2006,
instructing him to return Eli Lilly documents in his possession to
Richard D. Meadow of the Lanier Law Firm. Eli Lilly had alleged that
some of its confidential documents had been disseminated without the
company's authorization. Although no one affiliated with the Committee
was a party to that dispute, I decided to suspend efforts to obtain the
relevant documents until that dispute was resolved.
On February 14, 2007, Judge Jack Weinstein of the
for the Eastern District of New York issued a decision regarding the
confidential Eli Lilly documents. The court enjoined several individuals
from further disseminating the protected documents and ordered them to
return any such documents and copies still in their possession or
control. Contrary to what was reported in Judge Weinstein's decision,
the Committee's Chief Investigative Counsel, Emilia DiSanto, did not
receive any protected documents related to Zyprexa from Mr. James
Gottstein or Dr. Egilman. Nor did Mr. Gottstein or Dr. Egilman provide
any protected documents related to Zyprexa to other Committee staff.
As the dispute regarding the dissemination of the documents is now
resolved, I believe the time is now right for the Committee to pursue
its request for the documents. I am writing to request your cooperation
with the Committee's inquiry. In that regard please provide to the
Committee all documents and materials, including, but not limited to,
emails, letters, reports, and memoranda, that were made available to the
court-appointed Plaintiffs' Steering Committee I and II pursuant to
pretrial discovery in In re Zyprexa Prods. Liab. Litig.
Thank you in advance for assisting the Committee. I would appreciate
receiving the requested documents in an electronic and searchable format
by no later than April 25, 2007.
Sincerely,
Charles E. Grassley
United States Senator
Ranking Member, Committee on Finance
