Zyprexa - Sen. Chuck Grassley Seeks Documents

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For Immediate Release

April 4th, 2007

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

Indianapolis, IN 46285

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. 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

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 U.S. District Court

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.

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,

E. Grassley

United States Senator

Ranking Member, Committee on Finance