FC: Free Prozac in the mail draws a lawsuit, from NYT

[Declan McCullagh <declan () well com>]

[It seems to me that the invasion of privacy claim is weak: I fail to see a 
real difference between receiving a Prozac pill in the mail vs. a tailored 
ad beginning "Dear former Prozac user..." The real claim, to the extent 
there is one, seems to be dispensing drugs near-randomly. --Declan]

---

Date: Sun, 7 Jul 2002 11:56:44 -0400
From: Monty Solomon <monty () roscom com>
Subject: Free Prozac in the Junk Mail Draws a Lawsuit

July 6, 2002

Free Prozac in the Junk Mail Draws a Lawsuit
By ADAM LIPTAK

FORT LAUDERDALE, Fla., July 3 - The unsolicited Prozac arrived in a
hand-addressed manila envelope. It came from a Walgreens drugstore
not far from here, and there was a "Dear Patient" form letter inside.

"Enclosed you will find a free one month trial of Prozac Weekly," it
said. "Congratulations on being one step to full recovery."

The mailing infuriated one recipient, a 59-year-old home caregiver
who filed a class-action lawsuit this week in state court here.

"They're going after me because I have a problem," said the
caregiver, who agreed to an interview in her lawyer's office here on
the condition that her name be withheld. "It bothers me to think that
somebody could get into my medical records and start sending me
dangerous medications."

The suit says Walgreens, a local hospital, three doctors and Eli
Lilly, which makes Prozac, misused patients' medical records and
invaded their privacy. It also accused the drugstore and Lilly of
engaging in the unauthorized practice of medicine.

...

http://www.nytimes.com/2002/07/06/national/06PROZ.html 




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