IMS v. Sorrell, July 29, 2008

July 29, 2008

IMS V. SORRELL
FEDERAL COURT, BRATTLEBORO

It is clear that the State of Vermont is outgunned and outclassed at every turn. I listened to the testimony of Peter Hutt who is a strong defender of drug companies. Clearly a smart legal scholar and Washington insider. His personal story makes it clear why the drug industry continues to call the shots.
Hutt worked for the FDA for 5 years as Chief Counsel then joined a DC law firm representing PHRMA and he lobbied for drug companies. He boasted how he has served on the board of 20 biotech companies. Quotes from Hutt tell it all.
“Profits are essential to fuel the discovery of new drugs to help all of us.”
“The pharmaceutical industry can only exist if it makes a profit. A shift to generics will cause the price of drugs to go up or development will decrease.”
“Act 80 will harm patient health because patients who need new drugs will be denied those drugs when they could be tremendously helpful.”
“You get what you pay for. We must have high enough drug prices to fuel drug development. If we start hindering the marketing and sales of drug companies it will decrease development of new drugs.”
Cross examination of Hutt by the state was weak at best. He opened the door to show how the profits are excessive and how they result in the deaths of people. They could have made a more compelling case for the use of generic drugs as something in the best interest of Vermonters thereby negating the contention that brand drugs are best for everyone.
One can only hope that Judge Murtha will see through the drug industry smokescreen and render a decision that is truly in the best interest of Vermonters.
Hutt had the chutzpa to say that the studies contending that thiazide-type diuretics provide just as good treatment of hypertension as newer more expensive drugs as flawed. He then said thiazides are no safer than new drugs. That was a simple lie. Following his statement he then made more statements in defense of profits and trashing widespread use of generics as something harmful to drug company profits.