'Yaz' sales reps must produce files for national litigation

Steve Korris Jun. 17, 2010, 8:39am


EAST ST. LOUIS – Sales representatives who handled hormone replacements Yasmin, Yaz, Ocella, and Gianvi must produce all their files for national litigation.

On June 10, U.S. District Judge David Herndon ordered production of files from any sales representative who had contact with plaintiffs' doctors.

The order covers "all written materials, video and or audio tapes in the possession of the sales representative."

Herndon ordered Bayer Health Care Pharmaceuticals, Bayer Schering Pharma, Barr Laboratories and Teva Pharmaceuticals to produce records from their facilities, third party storage vendors, or homes and automobiles of sales representatives.

The U.S. Judicial Panel on Multi District Litigation appointed Herndon last year to preside over suits from federal courts around the nation claiming the drugs harmed women.

Plaintiff lawyers have begun submitting individual fact sheets, and defendants must respond with fact sheets of their own in 45 days.

Defendants must produce files of sales representatives no later than 60 days before plaintiffs start taking depositions.

They must also produce:

  • Training materials related to "physician detailing and obstacle handling," including workbooks and forms representatives completed.

  • E-mails, bulletins, memoranda, activity reports, call notes, belief notes, tactical plans, voice mail transcripts, and summaries of meetings.

  • Materials from national, regional or district sales meetings.

  • Physician prescribing data and ratings.

  • Incentive plans and goal attainment reports.

  • Promotional and cross promotional marketing materials.

  • All documents representatives signed reflecting business and ethics practices and policies.

  • Documents representatives provided to doctors.

  • Budgets and materials for speaker's programs.

  • Materials relating to tests representatives took.

  • All communications between representatives and managers.

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