Originally published on July 15, 2002

A lawsuit filed in Broward County (Florida) Circuit Court alleges that drug maker Eli Lilly obtained access to patients’ medical records and sent targeted mail containing free samples of Prozac to individuals diagnosed with depression. The class action lawsuit reportedly says that the name plaintiff had a diagnosis of depression "which she maintains in the strictest of confidence due to potential public embarrassment and employment repercussions," but she did not have a prescription for Prozac. The lawsuit reportedly names Eli Lilly — the maker of Prozac — Walgreens drug stores, three doctors and a local hospital, charging they misused her medical records and invaded her privacy, and accuses Walgreens and Eli Lilly with "engaging in the unauthorized practice of medicine."

The letter, apparently part of a direct mail campaign, was signed by the woman's doctors, according to the reports. "Dear Patient," it began. "We are very excited to be able to offer you a more convenient way to take your antidepressant medication. For your convenience, enclosed you will find a FREE one-month trial of Prozac Weekly. Congratulations on being one step [closer] to full recovery." The plaintiff reportedly said in an interview that her doctor admitted signing blank letterhead, to which the Lilly representative added text and delivered to Walgreens for mailing. Her lawyers said they didn't know how many people in addition to their client received the junk mailings. "It could be anywhere from several dozen to several thousand," said Gary M. Farmer Jr., one of the lawyers.

A Walgreens spokesman said the Prozac that the plaintiff received was not a sample similar to what doctors often dispense in their office. "We filled an actual prescription for the Prozac and used coupons given to us by Eli Lilly to get paid," Michael Polzin said from Walgreens headquarters in Deerfield, Ill. A Lilly spokeswoman said that sending unsolicited drugs through the mail was against company policy and inappropriate.

Why This Matters: There was controversy about the potential for privacy violations in the sharing of patient medical records prior to this lawsuit. Turning the privacy debate into a direct mail solicitation including free dosages of a prescription drug, however, takes matters to an unprecedented level -- already the Florida Attorney General has commenced an investigation to determine whether state laws were violated. We can only hope that concerns over this campaign do not result in regulatory backlash in other product categories.

This article originally appeared in ADLAW By Request, a publication of Hall Dickler Kent Goldstein & Wood LLP.

The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.