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Anti-psychotic Drug Double Standard State of California

Written By Alberta Jones, copyright protected

As posted on http://www.psychsearch.net/lawsuits.html, Eli Lilly has received civil investigative demands or subpoenas from the attorneys general of a number of states. The State of California being on of them.  Psychsearch.net further states that the Attorney General for the State of California has filed the following subpoenas:

Johnson & Johnson's Janssen unit received a subpoena from the California attorney general's office over sales and marketing of Risperdal. The subpoena asked for documents on "sales and marketing and side effects" of the drug, as well as on "interactions with state officials" in Medicaid. 
In September 2006, Lilly received a subpoena from the California Attorney General's office seeking production of documents related to their efforts to obtain and maintain Zyprexa's status on California's formulary, marketing and promotional practices with respect to Zyprexa, and remuneration of health care providers.  

Eli Lilly & Co., AstraZeneca PLC and Bristol-Myers Squibb Co., revealed that they received subpoenas from California's Attorney General's office to reveal information about their anti-psychotic prescription drugs. The subpoena requests marketing practices and status on California's insurance list of "preferred drugs. (Zyprexa, Seroquel, Abilify

A Pfizer spokesman confirmed that the company received a subpoena Sept. 8, 2006 from the California attorney general's office concerning Geodon. The company is "cooperating fully," said the spokesman, who declined to elaborate.

So who is our current attorney general?  Jerry Brown.

How long has Jerry Brown been my attorney general? Jerry Brown was elected California State's Attorney General on November 6, 2006.  

It is now July 2010. I have personally observed the side affects of all the above mentioned atypical anti-psychotic medications i.e. Geodon, Zyprexa, Seroquel, Abilify, Resperdal.

Alameda County were Jerry Brown was the Mayor of Oakland has a  locked psychiatrict facility known as John George Pavilion. John George Pavilion has a history of repeated abuses against the mentally disabled including "deaths" that were never properly investigated. This is the same for Santa Clara County. What is Santa Clara's District Attorney doing about it? Nothing as well. 

If our Attorney General for the State of California has been investigating these companies regarding their practices, sales, marketing and statuses; then why has the Attorney General not issued warnings regarding their use to the thousands of patients who are receiving these anti-psychotic drugs in California?  

Could it be that our attorney general wants to have the state make a buck off the mentally disabled and developmentally disabled.  Other states are taking a stand on the improper use of these drugs.  When I read the story of Nancy Golin who was forced medicated with the atypical anti-psychotic drug "zyprexa" in order to  keep her medicated as an autistic woman; I became concerned.  This was clearly the same off label use as discussed by many state attorney generals who are suing Eli Lilly. 

The use of zyprexa to treat Nancy Golin was clearly what is termed "off label."  There is a clear disconnect between what the Attorney General for the State of California is doing and what the states' caregivers are doing.  Is there any communication between the Attorney General and those who dispense these drugs? What about the Santa Clara District Attorney? Why is she not doing something?

You can read the Nancy Golin story at http://www.freenancy.com/. (How can Santa Clara County and the State of California afford to treat, house and take care of Nancy Golin when she has parents? who is paying for this medical care? why are taxpayers of Santa Clara County paying to not only remove a loved one from their parents but then to pay for that person's care until they die. Who authorized this? A public defender by the name of Malorie Street and a judge by the name of John Gallagher.  There are others.. many others.. Nancy Golin is not the only one.  

Once in the care of Santa Clara County and the State of California, the disabled are just shuffled around like animals.  I am still baffled as to who is paying for this?  Why are judges, district attorneys, and public defenders in Santa Clara County abducting loved ones and removing them from their homes?

From what I have personally observed, Santa Clara County is not being held responsible for force medicating live healthy individuals with anti=psychotic medication for off label use.  The State of California is somewhat odd.  How can a state sue over the improper use of a drug, benefit from the lawsuit in the millions and then continue to use the drug improperly as if there was no lawsuit? Oh! by the way, if you are military, retired or a disabled veteran, your doctors know of this issue and are administering these drugs anyway.  So it is not just the State of California, it is embedded in military benefits as well.  The Department of Veterans Affairs in Palo Alto California dishes out the drug Zyprexa as well and refuses to address the side affects of the drug.  Here is what I found in my search:

Jun 14, 2009... to the Lilly suit, citing a study of Veterans Administration hospitals. ... that the letters were being sent under an agreement with Lilly. ... Lawyers for the health plans suing Lilly over Zyprexa contend the ... 

  1. Veteran Medical Malpractice at VA Hospitals

    A number of VA hospitals have in place an "apology law": administrators and ... Father died from being prescribed Bactrim (a sulfa based drug) that he was ...
    www.lawyersandsettlements.com › Emerging Issues - Cached - Similar
  2. Zyprexa suit highlights CVS links to Lilly - The Boston Globe

    Jun 14, 2009... to the Lilly suit, citing a study of Veterans Administration hospitals. ... that the letters were being sent under an agreement with Lilly. ... Lawyers for the health planssuing Lilly over Zyprexa contend the ...
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    Jul 17, 2009 ... The U.S. government has reportedly settled a VA hospital malpractice lawsuit... infection following a biopsy at an Illinois Veterans Affairs facility, ... The Department ofVeteran Affairs has also faced substantial criticism over ..... Zonisamide, Zonolite Attic Insulation, Zyban, Zyprexa, Zyrtec ...
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    The Veterans Affairs Department has downgraded the complexity of surgeries ... of radiation for prostate cancer at the Veterans Affairs Medical Center in Philadelphia, ..... Zonisamide, Zonolite Attic Insulation, Zyban, Zyprexa, Zyrtec ...
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  5. CVS Unit Played Both Sides, Lilly Zyprexa Lawsuit Files Show ...

    Jun 13, 2009... citing a study of U.S. Veterans Administration hospitals. ... disclose to doctors that the letters were being sent under an agreement with Lilly. ... Lawyers for the health plans suing Lilly over Zyprexa contend the ...
    www.bloomberg.com/apps/news?pid=newsarchive&sid=aiewKdPT...
  6. Zyprexa / Olanzapine Lawsuit Overview - Find Trial Lawyers and ...

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 This is what took place with the lawsuit in California and Eli Lilly:

Attorney General Brown Announces California Will Recover $112 Million for Medi-Cal Program from Eli Lilly Settlement

SACRAMENTO- Attorney General Edmund G. Brown Jr. today announced that California will recover $112 million for its Medi-Cal program as part of a national settlement with Eli Lilly and Company for the unlawful off-label marketing of its anti-psychotic drug Zyprexa, which the company aggressively marketed for such unapproved uses such as treatment for depression, anxiety, irritability, disrupted sleep, nausea and gambling. 

"This settlement means that Eli Lilly can no longer reap massive profits by aggressively marketing this drug for unapproved uses at the expense of state health care programs for seniors and the infirm," Attorney General Brown said. "California's Medi-Cal program will receive almost $112 million, which is more than welcome at a time when the state faces massive budget deficits." 

Eighteen percent of the $112 million recovered for the Medi-Cal program will go to relators (whistleblowers) - the remainder will be split between the State, which will receive $54 million and the federal government, which will receive $41 million. 

Beginning in 2001, Eli Lilly launched a marketing campaign called "Viva Zyprexa!" which encouraged physicians to prescribe Zyprexa for children, adolescents, and dementia patients. 

In October 2008, the California Attorney General entered a settlement with Eli Lilly over the Zyprexa marketing campaign. In his original complaint, Attorney General Brown alleged that Eli Lilly engaged in unfair and deceptive practices when it marketed Zyprexa for off-label uses and failed to adequately disclose the drug's potential side effects (including diabetes and hyperglycemia) to healthcare providers. 

Under this settlement, Eli Lilly agreed to change its marketing practices and to cease promotion of its off-label uses. Off-label uses are those not approved by the FDA when it approves the sale and use of a particular drug. Physicians are allowed to prescribe drugs for off-label uses, but federal law prohibits pharmaceutical manufacturers from marketing products for off-label uses. 

The total settlement is $1.415 billion-the largest recovery in a health care fraud investigation in U.S. history. The settlement includes $800 million in civil damages to be paid to the States and $615 million as a result of criminal charges brought against the company for illegal marketing. 

Although both California and the U.S. contribute 50% to the funding of the Medi-Cal program, California's share is larger than the federal share due to the federal Deficit Reduction Act, which provides monetary incentives to states to use False Claims Acts to pursue Medicaid fraud. 

Alberta Jones