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Litigation Endorsed As Postmarket Safety Tool

Executive Summary

U.S. District Judge Jack Weinstein expounded on the value of litigation in promoting drug safety in denying Lilly's motion to dismiss a Zyprexa lawsuit. "Allowing this and like suits to proceed may or may not increase the cost of pharmaceuticals and the efficacy of medical treatment in this country," Weinstein wrote in a June 28 opinion. "It does, however, furnish backstop protection against under-regulated potentially dangerous activity by a market where caveat emptor largely rules."

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