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Eli Lilly Pays Utah $24 million for Deceptive Marketing of Zyprexa
Legal Spotlight | 2010/08/17 02:35

False and misleading prescription drug advertising is very common and dangerous. Pharmaceutical companies deceptively encourage doctors, and to a lesser extent, the public, with marketing that misrepresents risks, promotes unproven uses, and makes unsubstantiated claims.

And Eli Lilly was no stranger to the deliberate and deceptive marketing of "off label" prescriptions like Zyprexa, which is used a host of conditions such as: anxiety, sleep disruption, mood swings, attention deficit disorder, hyperactivity and dementia. According to the New York Times, company documents reveal that Eli Lilly was fully aware of Zyprexa's link with diabetes and weight gain. "Lilly benefited from its misrepresentations and fraudulent conduct by gaining sales of Zyprexa at the expense of other, safe, effective drugs."

Today, The Insider Exclusive presents how Utah's Attorney General, Mark Shurtleff, along with Joe Steele of Steele & Biggs, and Mitch Jensen of Siegfried & Jensen successfully reached a record $24 million settlement against Eli Lilly – and also established corporate integrity responsibilities and remedial provisions that continue to be monitored by the court today.

Mark Shurtleff was elected to his first term as Utah's Attorney General in 2000. A seasoned prosecutor, public servant and family man, Attorney General Shurtleff is now in his tenth year as Attorney General. Since stepping into the Attorney General's office Attorney General Shurtleff has shown his dedication to Utah's families through his strong vision and effective leadership. Prior to 2000, Utah was notorious for nearly leading the country in methamphetamine labs per capita. Attorney General Shurtleff took the meth problem to the legislature, fought for better laws, focused on tough enforcement and today, Utah is among the lowest states in the country for meth production. Attorney General Shurtleff received a bachelor's degree from Brigham Young University and his law degree from the University of Utah College of Law.

Joe Steele earned a bachelor's degree in anthropology from Northern Arizona University in 1972 before going on to receive his Juris Doctor degree from University of Utah in 1975. A member of the California and Utah State Bars, Joe's legal specialties include catastrophic injury, products liability, medical negligence, and attorney general actions / drug litigation.

Mitch Jensen graduated from Brigham Young University with a bachelor's degree in business in 1978. After completing law school at Pepperdine University in 1981, he became a member of the State Bars of California and Utah. Along with Ned Siegfried, Mitch co-founded what is now one of the top personal injury law firms in the Salt Lake City, Utah area, where he specializes in personal injury auto litigation, product liability, and pharmaceutical injuries. Associating with clients is the most rewarding aspect of Mitch's work, as he is inspired by people who overcome significant trials and challenges. He considers the greatest people he knows to be his clients and the attorneys and staff who help them fight to restore their lives and families. In his spare time, Mitch enjoys sports, outdoor activities, spending time with his family, and traveling.

Siegfried & Jensen provides top-notch legal services to residents of Salt Lake City and throughout Utah. The firm's personal injury lawyers have the experience, knowledge, and drive to achieve the just compensation that victims of negligence deserve for the hardships they must face. The firm's 16 skilled attorneys specialize in a variety of fields to offer knowledgeable legal advice and emotional support to injured victims.



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   Legal Resource
Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions.
 
 
 
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