A new lawsuit has been docketed tonight, April 18, 2008, against Schering and Merck, alleging RICO pattern-activity violations, various state Consumer Anti-Fraud violations, Unjust Enrichment and common-law fraud. The most newsworthy innovation of this “Johnny-come-lately” suit, though, is that it picks up, almost word-for-word, much of what has been written surrounding Dr. James Stein’s e-mailed comments — especially those highlighting the inaccuracies in the after-the-fact “Draft Minutes” of that now-pivotal November 16, 2007 ENHANCE science panel meeting.
The above suit then adds these new allegations to the factual allegations already made in other suits — with the objective being to plead, and prove, civil RICO “enterprise-wide racketeering pattern” activities. This new federal suit is captioned “Plumbers and Pipefitters Local 572 Heatlh and Welfare Fund v. Merck & Co., Inc., Schering-Plough Corporation, and Merck/Schering-Plough Pharmaceuticals, et al.” (Case No. 2:08-cv-01894, Complaint filed April 17, 2008, US Dist. Ct. NJ).
I’ll likely have more to say about it — after I digest the rest of it — in passing, I would note that the plaintiff has also used various of the April 2008 letters and statements by Sen. Grassley in its original complaint. Clever!
As ever, more to come.