February 02, 2009

Lilly Half-Apologizes To Patients For Zyprexa Scandal

As I noted on Friday, last week Eli Lilly and company specifically apologized to investors for act covered by its guilty plea to a criminal misdemeanor charge. The charge concerned Zyprexa and the company's illegal off-label marketing of the drug for dementia.

I was frustrated that the company, in my view, had apologized to its investors (who do deserve an apology, of course), but not to patients, so I contact Lilly by phone and email asking why it hadn't apologized specifically to patients and whether it planned to do so. For the first time ever, Lilly responded to a query of mine.

From Phil Belt, the company's director of product media relations comes this:

"On the day the settlement was announced Lilly issued a press release that expressed deep regret for our past actions covered by the guilty plea. That statement was repeated on the company's earnings call with investors and the media this past Thursday. Lilly's expression of regret, as voiced by our CEO John Lechleiter on both the earnings call and in the press release, was intended for ALL of our constituencies, and was certainly not specific to investors only. We take seriously our responsibilities to the patients we serve, to their caregivers, to payers, to health care professionals, and to our investors, and our communications regarding this issue have been intended for all of them."

Fair enough. I appreciate the response.

The trouble here from where I sit is that this is kind of a half apology and is only specific to the criminal plea and actions connected to it. As I understand things, that means the company is only apologizing for off-label marketing and not for lying about Zyprexa's diabetes-inducing qualities and not for any of the damage that drug and the company's actions caused people taking it for FDA-approved uses.

Here's what the company's CEO said last month:

"'We deeply regret the past actions covered by the misdemeanor plea,' said John C. Lechleiter, Ph.D., chairman, president and chief executive officer of Lilly. 'At Lilly we take seriously our responsibilities to abide by all the laws governing our business practices, and we realize that we have a tremendous responsibility to the patients and healthcare professionals we serve. Every day and with every interaction we strive to operate in a responsible and compliant manner. Doing the right thing is non-negotiable at Lilly, and I remain personally committed to all of us at Lilly maintaining the highest standards of conduct.'"

I don't read that statement as applying to people diagnosed with schizophrenia and bipolar disorder. Does anyone else? Did any of you who read this site and got settlements from Lilly also get an apology of any kind from the company? I think you can tell me without violating the gag order the company put you under.

Perhaps, Lilly is somehow not apologizing to all patients who took the drug due to ongoing legal proceedings, but it strikes me that it needs to broaden the scope of its apology beyond dementia cases and off-label marketing. If Lilly truly believes that doing the right thing is non-negotiable, then I simply don't understand why it cannot apologize for lying about the safety of its drug, which it hasn't done to the best of my knowledge. Or am I being too tough here?

Posted by Philip Dawdy at February 2, 2009 12:03 AM
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"...Every day and with every interaction we strive to operate in a responsible and compliant manner. Doing the right thing is non-negotiable at Lilly, and I remain personally committed to all of us at Lilly maintaining the highest standards of conduct.'"

I don't know why I have trouble believing it.
I'm sorry Phil Johnson.
I'll try a little bit harder!

Posted by: Ana at February 2, 2009 02:41 AM

Phil, You are not being too tough on Lilly. Lilly was tough on the very consumers who were injured when it promoted off-label use and/or failed to promptly disclose side effects as it became aware of them. Doing the right thing was clearly negotiable at Lilly.

Many consumers invested their hope, their trust, and their well-being in Zyprexa. After all, we were told ad nauseum that the SGAs were safer and more effective then FGAs. Where do we now look to recover that hope, that trust and and that well-being?

Lilly may well consider the interests of consumers injured by Zyprexa to be little more than an economic afterthought of minor proportions. As you note, Lilly never apologized for lying about the safety of Zyprexa. Such an apology would require that it show remorse and admit culpability for failing to ".... take seriously our responsibilities to the patients we serve ...."

Posted by: Joe at February 2, 2009 07:09 AM

No, you're not being too tough! First of all, Lilly will continue to profit from its past off-label marketing of Zpyrexa. It may no longer push the drug for vague "agitation" in the elderly or "disruptive behavior" in children. But thanks to its prior campaigns, it already has too many prescribers well-trained.

If this were a real apology, it would come with a Dear Doctor letter published in all the major journals, stating that these are not approved uses of the drug and should be discontinued.

Second, where schizophrenia and bipolar mania are concerned, evidently Lilly wants to profit from the attitude on display in that Rolling Stone article: Who cares? Whether because these diseases are so terrible, or because the patients are so incapable of rational thought, apparently almost any side effect can be rationalized: the medical heroes treating these diseases have "bigger things to worry about."

(It always puzzles me when mega-doses of toxic drugs to treat a severe ailment are referred to as "heroic" measures. The patients might in some situations be called heroic -- if only they had real informed consent. But they don't. If the prescribers were suffering the toxic effects themselves, maybe they would be heroes. But you can't be "heroic" by sending other people on a march through hell, for whatever cause.)

Posted by: Johanna at February 2, 2009 08:19 AM

Thanks for checking Lilly's sensitivity level on maimed and dead people made that way by Zyprexa. It has certainly never been on display before and from what I read, what they said to you was not even half an apology. It was a non-apology. In short, killing and maiming have no place on their spread sheets.

Or any other spread sheets. Or on very few psychiatrists' spread sheets (protected from suit under the mass tort). Or on AG's spread sheets. Until the laws change and send these guys to prison, or require AGs to recognize victims and show them justice, until the MSM stops writing articles that don't mention a human being, no justice will be done - either to victims, or their families. Oh, wait. I forgot the rest of the federal government. Something has to change there , too. I'm still waiting for a reply from my own Senator Barbara Mikulski, from an email I sent to her site in 2003. Incidentally, she is on the HELP Committee.

Posted by: ebliversidge@earthlink.net at February 2, 2009 01:56 PM

This is a prime example of how America's healthcare has taken a nose dive, it's all about money.

We're just byproducts of a brilliant marketing scheme. Lilly got what they wanted, and human life was never part of the equation.

If you cannot afford insurance you are screwed, if you don't have cash to see a doctor you are screwed, it's not about healthcare or human beings, it's all about profit, and that's a damn fucking shame.

I don't care if they sent an apology letter, that would actually be a smack in the face!

Posted by: Stephany at February 2, 2009 03:24 PM

Stephany,
Some days I think if you *have* health insurance and can see a doctor you're screwed. I consider my doctor an impediment I must negotiate to take care of myself. I have to go suck up to these people every six to eight months in order to get a piece of paper that allows me to FINALLY get the medication I've known I needed for years.

For no reason I can see I'm forced to check in, listen to their bull pucky and fend off their further harmful suggestions. I like my doctor as a person but I have little regard for his competence. He's the best of a bad lot.
Sherry (feeling a bit snarky this evening)

Posted by: Sherry at February 2, 2009 08:03 PM

Forget the apologies.
Raise the bar next time....

From a misdemeanor....to numerous felonies...
From monetary damages....to jail time.

Am I being too tough here?

Duane

Posted by: Duane Sherry at February 2, 2009 08:05 PM

Sherry, I agree, some days I feel I live inside a nightmare.

Posted by: Stephany at February 2, 2009 09:40 PM

the only real apology i've heard from anyone recently is that from that swimmer guy who was caught on camera smoking from a bong. and he only issued his apology after trying to bribe his way out of it. but in his apology, he basically said "yes i did, and i'm sorry i did". you will NEVER ever get an apology like that from corporate anyone. their carefully worded "apologies" are designed to give the impression of regret, without actually admitting to anything. that's corporate america, pharma or otherwise.

Posted by: anon mom at February 3, 2009 06:12 AM
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