UPDATE: The Full Order — In Merck’s Propecia® MDL

Again, it would shock me if the good doctor actually does not appear, with documents in hand, on or prior to the return date — in two and one half weeks.

To tamp down a little of the speculation here, though, Merck should have had — in its own possession — copies of almost all of the same documents that Dr. Imperato-McGinley would likely still have, since all these studies are long completed, and the full data sets, clinical record-books and assorted notes should have been returned to Merck for storage, under FDA rules (or copies at least).

I suppose it is possible that some “smoking gun” will surface from her files, but she would have been required to show that to FDA staffers in near real time, whilst the studies were underway — and it would likewise shock me if FDA approved Propecia® while holding such a smoking gun. No one (to my knowlege) claims she conducted any “after the fact” look-back meta-studies of the data, for patterns that weren’t discernible earlier in the life of these patients’ experiences. At least I’ve read nothing of that. So we will see what she produces:

New York Hospital, Cornell University Medical College
Department of Medicine/Division of Endocrinology
1300 York Avenue, Room A357
New York, New York 10021

. . .YOU ARE HEREBY COMMANDED to appear in Courtroom 13A of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201 on Friday, June 19, 2015 at 11:00 a.m. to SHOW CAUSE why you should not be required to respond the subpoena duces tecum served on you by the plaintiffs in this action on February 4, 2015, and why you should not be sanctioned for having failed to respond to the subpoena as directed.

If you do not appear at the above time and place, you will be subject to penalties for contempt of court. The plaintiffs shall serve this Order to Show Cause, accompanied by a copy of the subpoena and proof of service in question, on the above named respondent by personal service as authorized by the Federal Rules of Civil Procedure or the New York Civil Practice Law and Rules no later than June 4, 2015 and shall file proof of service in the record. . . .

So it goes — but sometime before Thursday of the coming week, she will be personally served with these papers at work. Kinda’ embarrassing. Onward. Me? I’m remaining cautiously optimistic, here.


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