IMS v. Sorrell
Federal Court Brattleboro
July 28, 2008
Today in Federal court in Brattleboro a trial dealing with the Vermont prescription drug law, Act 80, began. Plaintiffs are IMS* and our dear friends PHARMA. The State of Vermont is the defendant. The big issue is whether or not drug companies and information sellers have a right to the information about the prescribing practices of doctors. A similar law was struck down in NH and Maine. The Vermont law differs a little in that MDs can opt out of information sharing.
I am not a lawyer. I will be attending some of the proceedings and will provide my personal biased summaries.
There were 7 lawyers from the dark side and two techies with 4 laptops. The state had, I think, 4 lawyers. The state is clearly outclassed and it is truly a David versus Goliath trial. I did not see any media in the courtroom.
The IMS and Pharma argument is based on constitutional free speech issues. They claim that not allowing to have the information is the same as restricting free speech. They claim IMS is the same as the New York Times (major stretch but perhaps legally defensible) and that they are just another publisher.
The state used a lot of quotes from Marcia Angell and others about obscene pharmaceutical profits and the state tried to lay out an argument that they are acting in the interest of all Vermonters when they do things to try to control the price of drugs.
But, the case will be decided on the merits of specific legal points. If more members identifiable as the public were in the courtroom it might provide an interesting perspective for Judge Murtha.
I did not stay for the afternoon. I left during testimony by an IMS operative.
*IMS is a company that gathers data and then sells it to mostly drug companies.
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