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A Fine Kettle of Pfizer Fish

By Pamela Jones et al.

Here's a fine kettle of fish. Pfizer's lawyers hired a detective who ended up intimidating a witness the day before he was due to testify, according to this Law.com article, Why Did Pfizer Resort to Michael Clayton Tactics at First Neurontin Trial?:

Did Pfizer, the world's largest pharmaceutical company, cross the line on the eve of last month's crucial test trial involving its controversial anti-seizure medication Neurontin?

Two weeks after the trial abruptly ended with the plaintiffs agreeing to dismiss their case with prejudice, questions linger about why Pfizer sent a former CIA agent and private investigator to the home of a whisteblowing scientist the day before he was scheduled to testify. The scientist, David Franklin, told the Am Law Litigation Daily that he and his family felt harassed and intimidated by the Pfizer investigator's appearance at their home and are still shaken by the event. The judge overseeing the Neurontin multidistrict litigation, Boston federal district court judge Patti Saris, issued a restraining order instructing Pfizer and the investigator to stay away from Franklin and his family.

Pfizer, which was represented in the case by Skadden, Arps, Slate, Meagher & Flom and Boies, Schiller & Flexner, has apologized to the court for the incident, but maintains in a newly filed brief [PDF] that Franklin exaggerated the facts "to attract negative media attention to Pfizer." Skadden and Boies Schiller lawyers say in the filing that Pfizer's investigator followed standard protocols and was not hostile or threatening to the scientist or his family. They have asked Saris to lift the restraining order.

As the judge puts it, though, it all has a bad feel, and she ordered the lawyers for Pfizer not to contact the witness ever again. The witness was courageous enough to testify anyway, as I'll show you, but the reason I bring it to your attention is this: the opening statements at trial are really outstanding, so much so I thought you'd enjoy reading them, despite the unsavory detail about the detective, whatever the truth is about that.

Full post as published by Groklaw on August 11, 2009 (boomark / email).