Statement of Eli Lilly and Company on Dr. David Egilman S...( Egilman Admits Wrongdoing in Illeg...),Health

Egilman Admits Wrongdoing in Illegally Releasing Documents to New York Times and Resolves Case to Avoid Possible Civil and Criminal Sanctions

INDIANAPOLIS, Sept. 7 /PRNewswire-FirstCall/ -- Eli Lilly and Company has entered into a settlement agreement with Dr. David Egilman, a former plaintiffs' expert witness in the Zyprexa(R) product liability lawsuits, in which Dr. Egilman admitted violating a protective order in the Zyprexa litigation and illegally passing confidential Lilly documents to an Alaska attorney in a failed attempt to evade the protective order. Dr. Egilman acknowledged that his selective leaks of these documents, excerpts of which were published and discussed in a series of articles in The New York Times, presented an incomplete picture of Lilly's activities.

"Dr. Egilman has now confirmed in writing what Lilly has been saying since the Times published these documents: he was selective in which documents he released and they unfairly portrayed Lilly's activities in its interactions with doctors, patients and the Food and Drug Administration," said Michael J. Harrington, deputy general counsel, Eli Lilly and Company. "We hope that putting this issue behind us will help to ensure vulnerable patients will not be deterred from treatment based on misleading and inaccurate information. Our intent all along has been simply to have a fair legal process," he added.

Lilly, in return, agreed to forego seeking criminal and civil penalties against Dr. Egilman for his illegal activities.

In this agreement, Dr. Egilman acknowledged that:

-- He requested that Lilly enter into this agreement to resolve this

dispute;

-- He accepted responsibility for his violation of the protective order

covering documents that Lilly provided in discovery;

-- He intentionally and illegally provided to attorney James Gottstein an

incomplete subset of material that was covered by a confidentiality

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