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Healthy Skepticism Library item: 15921

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: news

Conn J.
Court denies bid to limit Vt. law on prescription data
Modern Healthcare.com 2009 Jun 29
http://www.modernhealthcare.com/apps/pbcs.dll/article?AID=/20090629/REG/306299960&AssignSessionID=173355337392659


Full text:

A federal appeals court in New York has denied a request by three drug data-miners and the Pharmaceutical Research and Manufacturers of America to block a Vermont law limiting the use of prescription-drug data to profile the prescribing patterns of Vermont physicians.

The law, which goes into effect July 1, prohibits the use of a physician’s prescribing information for marketing without the physician’s consent.

Appellants IMS Health; Verispan, which was subsequently sold to SDI Health; Source Healthcare Analytics, a subsidiary of Wolters Kluwer Health; and PhRMA had asked the 2nd U.S. Circuit Court of Appeals for an injunction, but the court ruled the appellants had not demonstrated a substantial likelihood of success on the merits of their case, according to the court order, dated Friday.

In a related case, the U.S. Supreme Court declined to review a Boston appeals court decision against IMS Health and Verispan. The 1st U.S. Circuit Court of Appeals in Boston ruled in November upholding a New Hampshire law. The law limits the commercial use of prescription information containing patient- and prescriber-identifiable data to “pharmacy reimbursement; formulary compliance; care management; utilization review by a healthcare provider, the patient’s insurance provider or the agent of either; healthcare research; or as otherwise provided by law.”

Filing “friend of the court” briefs supporting IMS and Verispan in the New Hampshire case were the eHealth Initiative, the National Alliance for Health Information Technology, the National Association of Chain Drug Stores, SureScripts and Wolters Kluwer Health.

 

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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