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Thread: Judge Protects Merck Pharmaceutical Company

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    Moderator Julieanne's Avatar
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    Default Judge Protects Merck Pharmaceutical Company

    Vera Sharav
    September 22 2019

    Judge Shielded Merck Enabling Concealment of Drug Safety Hazards


    A Reuters investigative report reveals how Federal judges are complicit in shielding pharmaceutical giants like Merck & Co. by allowing the company to conceal the evidence of real risks of harm from widely prescribed drugs. The risks are concealed from physicians and the public.
    It goes without saying that the more information a physician has, the more he can share with the patient and the more informed the decision-making process becomes.” — Nelson Novick, MD
    Read more: https://healthimpactnews.com/2019/ju...pproved-drugs/

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    Administrator Islander's Avatar
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    Default Re: Judge Protects Merck Pharmaceutical Company

    I don't understand how these actions can go unpunished. Did I miss something?
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    Veteran Member Mr. Wizard's Avatar
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    Default Re: Judge Protects Merck Pharmaceutical Company

    They go unpunished because typically the drug company settles, requiring plaintiffs to sign non-disclosure documents so the truth is never revealed. As for the courts, judges almost always have the discretion to decide what information should be sealed or disclosed to the public. Most judges fear having their decisions overturned on appeal. So, they typically seal almost all company records because the drug companies have the legal staff and the resources to appeal multiple times, until the judge is finally overruled. It's a game controlled by BigPharma!!

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    Moderator Julieanne's Avatar
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    Default Re: Judge Protects Merck Pharmaceutical Company

    That's a helpful explanation Mr Wiz. I understand why companies settle (I'm a John Grisham fan!) but I didn't know about sealing company records.

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    Administrator Islander's Avatar
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    Default Re: Judge Protects Merck Pharmaceutical Company

    Every day I read so many outrages that it's becoming harder to prioritize them. This is one particular outrage that the general public ought to be well-informed about — but when was the last time you heard a story like this in the mainstream media?
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    Veteran Member Mr. Wizard's Avatar
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    Default Re: Judge Protects Merck Pharmaceutical Company

    Quote Originally Posted by Julieanne View Post
    That's a helpful explanation Mr Wiz. I understand why companies settle (I'm a John Grisham fan!) but I didn't know about sealing company records.
    So, to clarify, this was a federal "product liability and/or personal injury" civil case. Federal judges enjoy wide latitude in deciding whether to seal certain evidence in these cases. Product liability/personal injury type cases are also being filed against Monsanto/Bayer in federal courts. It would not surprise me if the federal judges choose to seal Monsanto's proprietary records from the public, under the guise of protecting trade secrets. Judges at the state and local municipal levels do not enjoy such wide latitude in sealing records. Some states even have laws specifically detailing exactly which records can and cannot be sealed. But, not so at the federal level. I wish there was more scrutiny over federal judges' efforts to seal records.

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