Healthy Skepticism Library item: 12321

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: media release

Pijip .
Alert: First Circuit to Hear Case Challenging Prescription Data Mining: PIJIP Associate Director Sean Flynn to Argue on Behalf of Public Interest Groups Defending First in the Nation Law
PIJIP 2008 Jan 9

Full text:

Tomorrow at 9:30am at the John Joseph Moakley Courthouse in Boston, the First Circuit Court of Appeals will hear a case of first impression challenging the pharmaceutical industry’s assertion of a First Amendment right to monitor prescription records for marketing.

Pharmaceutical companies use prescription records to monitor prescribing practices and finely calibrate their use of gifts, speaking engagements and other forms of reinforcement to maximize their influence over prescribing practices.

Last year, a district court in New Hampshire struck down a first in the nation law prohibiting prescription data mining for marketing purposes.
The First Circuit tomorrow will hear arguments from New Hampshire and a group of public interest “friends of the court” seeking to overturn the district court decision.

Sean Flynn, Associate Director of the American University Washington College of Law Program on Information Justice and Intellectual Property will be arguing on behalf of the public interest parties in the case.

PRESS AVAILABILITY: Sean Flynn and representatives of the public interest groups supporting the New Hampshire law, including AARP, New Hampshire Medical Society, NLARx, Prescription Policy Choices, Community Catalyst and the National Physicians Alliance will available for press after the hearing (approximately 11:30am).

Docket #07-1945 — IMS Health Incorporated vs. Kelly A. Ayotte To be called Wednesday, January 9, 2008 at 9:30 am Court of Appeals Panel Courtroom, 7th Floor John Joseph Moakley U.S. Courthouse
1 Courthouse Way
Boston, Massachusetts 02210
Clerk’s Office Phone Number
(617) 748-9057

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Far too large a section of the treatment of disease is to-day controlled by the big manufacturing pharmacists, who have enslaved us in a plausible pseudo-science...
The blind faith which some men have in medicines illustrates too often the greatest of all human capacities - the capacity for self deception...
Some one will say, Is this all your science has to tell us? Is this the outcome of decades of good clinical work, of patient study of the disease, of anxious trial in such good faith of so many drugs? Give us back the childlike trust of the fathers in antimony and in the lancet rather than this cold nihilism. Not at all! Let us accept the truth, however unpleasant it may be, and with the death rate staring us in the face, let us not be deceived with vain fancies...
we need a stern, iconoclastic spirit which leads, not to nihilism, but to an active skepticism - not the passive skepticism, born of despair, but the active skepticism born of a knowledge that recognizes its limitations and knows full well that only in this attitude of mind can true progress be made.
- William Osler 1909