Brownstone Institute
Conservatives Cancel the Cancellers
From the Brownstone Institute
By
The irony is thick, given that some of those doing the cancelling are known for their prior staunch efforts to protect free speech, raising questions about whether some wish to protect free speech in principle or just the speech they agree with.
Calls for deportation of a comedy band over a failed joke and efforts to get ordinary working-class people sacked for saying terrible things out loud…
These are the kinds of actions one might expect from a progressive woke cancel culture mob, but in the wake of the failed assassination attempt on Donald Trump, it’s conservatives who have led the charge to cancel their political enemies over speech.
The irony is thick, given that some of those doing the cancelling are known for their prior staunch efforts to protect free speech, raising questions about whether some wish to protect free speech in principle or just the speech they agree with.
Assassination Joke Misfire
In Australia, a storm in teacup developed this week after a tasteless joke seeded clouds of discontent within conservative ‘freedom’ circles.
If you haven’t heard, Kyle Gass, of comedy band Tenacious D, quipped “Don’t miss Trump next time” as a 64th birthday wish while on stage in Sydney on Sunday night. It was in very poor taste, though the audience hooted and laughed.
Being that the duo is famous for taking irreverent silliness all the way to 11 on the dial, with antics like running on the beach in boxers and unitard in their cover of Chris Isaak’s ‘Wicked Game,’ and their peak silly song ‘Tribute’, you might expect a collective eye roll in response to Gass’s misstep.
But these are woke cancel culture times, defined by the dogged, humourless commitment to interpreting jokes as serious statements of intent, and the hysterical belief that words are tantamount to violence.
Gass’s bandmate Jack Black issued a formal apology and announced the cancellation of the band’s Australian tour. Gass soon apologised himself and has reportedly been dropped by his agency.
But that was not enough for upset Trump supporters Down Under, who enthusiastically called for Tenacious D’s deportation from the country.
“Tenacious D should be immediately removed from the country after wishing for the assassination of Donald Trump at their Sydney concert,” said Senator Ralph Babet of the United Australia Party in a statement, viewed over four million times on X.
“This was not a joke, he was deadly serious when he wished for the death of the President…Anything less than deportation is an endorsement of the shooting and attempted assassination of Donald J Trump, the 45th and soon-to-be 47th President of the United States,” he said.
Senator Babet reasoned that as Australia had wrongly deported Novak Djokovic in 2022 over his anti-Covid vaccination views, we should now also deport Tenacious D.
“Australia wrongly locked up Novak Djokovic and deported him because he allegedly undermined public trust in vaccination. Allowing Tenacious D to remain in Australia after calling for the death of a President is unthinkable, and it affirms the weakness of our current Prime Minister,” Senator Babet said.
Commenters praised Senator Babet for his “leadership.”
Left-wing news site Crikey was quick to point out the apparent double standard:
This is the same senator who in April refused to take down graphic footage of the attack on Bishop Mar Mari Emmanuel from his X account because: “Without free speech our nation will fall.” Late last year the senator sent Communications Minister Michelle Rowland 152 “postcard-style” submissions regarding the draft Combatting Misinformation and Disinformation Bill “on behalf of members of the public”, like the following:
Simon Collins of the West Australian similarly called out the hypocrisy of “blowhards” calling for Tenacious D’s cancellation and deportation, people who at the same time “proclaim to be advocates for free speech.” That said, Collins failed to mention the central role he allegedly played in getting Perth comedian Corey White’s run of shows cancelled at the 2021 Fringe Festival over an offensive joke.
Raising the hypocrisy stakes even higher, conservative influencer Chaya Raichick used her ‘Libs of TikTok’ platform (with over 3.2 million followers on X) to doxx minimum-wage workers and get them fired for wishing the Trump shooter, Thomas Matthew Crooks, had aimed better.
Raichick boasted on her Substack,
In fact, because of Libs of TikTok, TEN DERANGED LEFTISTS have already been FIRED from their jobs because we showed the world that they support murdering President Trump.
It is uncertain how many of these ten were public figures, but at least some of those fired are reported to be ordinary working-class Americans, including Home Depot worker Darcy Waldron Pinckney, who ill-advisedly posted to Facebook, “To [sic] bad they weren’t a better shooter!!!!!”
This effort has been enthusiastically supported by Riachick’s followers. “We got another one!” posted one commenter under a post doxxing a New Jersey Education Association employee for expressing her disappointment on social media that the shooter missed.
Yet, Raichick and her supporters previously complained loudly when Washington Post journalist Taylor Lorenz doxxed her, with Raichick calling Lorenz’s actions “abhorrent.”
Protected Speech Vs. Incitement to Violence
In the US and Australia, as in most Western liberal democracies, free speech is protected. The US has robust speech protections under the First Amendment, while Australia has the less robust implied freedom of political communication.
However, where speech causes, or is likely to cause harm, governments put legal limitations on speech rights. While the proliferation of hate speech and online harm bills is a testament to the ballooning definition of harm in Western academia and policymaking, incitement of physical violence is a foundational interpretation of the limit to free speech.
In both Australia and the US, speech that incites someone to commit a crime of violence is against the law, and in the US it is a felony to threaten the life of a president.
But not all statements expressing a wish for harm are a ‘true threat.’ In a 1971 interview with Flash Magazine, Groucho Marx quipped, “I think the only hope this country has is Nixon’s assassination,” but he was not arrested.
In contrast, David Hilliard of the Black Panther Party was charged in 1969 – and then acquitted in 1971 – for stating publicly before a crowd that President Nixon was “responsible for all the attacks on the Black Panther Party nationally,” adding “We will kill Richard Nixon.”
Asked to explain the different treatment of the two cases despite the similar rhetoric used by Marx and Hilliard, US Attorney James L. Browning, Jr. responded,
It is one thing to say that “I (or we) will kill Richard Nixon” when you are the leader of an organization which advocates killing people and overthrowing the Government; it is quite another to utter the words which are attributed to Mr. Marx, an alleged comedian. It was the opinion of both myself and the United States Attorney in Los Angeles (where Marx’s words were alleged to have been uttered) that the latter utterance did not constitute a “true” threat.
In other words, context matters.
Bad jokes or incitement?
Conservatives going after people wishing that the Trump assassination attempt had been successful, whether joking or otherwise, claim that their comments are “call[s] to political violence,” to use Senator Babet’s phrase.
But jokes like Gass’s birthday wish wouldn’t meet the legal threshold for incitement to violence, says James Allan, Professor of Law at the University of Queensland.
“A reasonable person would have to understand it as actually trying to incite violence,” Professor Allan told me. “I think he was just being a virtue-signalling leftie. I don’t think he actually intended to counsel violence, and I suspect most people wouldn’t take it that way.”
Dr Reuben Kirkham of the Free Speech Union of Australia (FSU) agrees that Gass’s joke would not qualify as incitement under the law in New South Wales, where Gass said the bad thing.
“Outside of incitement provisions focussed on specific protected characteristics, the person must intend that the offence be committed. A joke at a comedy event is unlikely to meet this standard, let alone to the ‘reasonable doubt’ standard,” Dr Kirkham said, echoing Professor Allan. “It might be in poor taste, but taste is thankfully not something that the law polices,” he added.
But Tony Nikolic, Director of Sydney law firm Ashley, Francina, Leonard & Associates told me he believes that Gass’s comment was “clear-cut incitement and should be called out.”
“Free expression is a cornerstone of democracy. However, rhetoric that crosses into inciting violence or hatred can have dangerous consequences,” Nikolic said. “We have laws to address that in Australia and they should have been used to indict the offender.”
Conservative Game Theory
Professor Allan said that while he doesn’t think prosecution or deportation is appropriate in Gass’s case, there are social consequences for saying “idiotic things” from a public platform.
“I definitely wouldn’t support [Gass]. His agent has dropped him. People don’t have to associate with people who say idiotic things. If he came out with a grovelling apology…I’d be inclined to say, OK, fine.”
Nevertheless, he warned that cancel culture writ large is not a good strategy for anyone who truly values protecting free speech.
“The problem is you go down the cancel culture route and you become as bad as the other side,” Professor Allan said. “I understand that there’s a certain sort of game theory element, that if they do it to us, we need to do it back to them, and in some areas I agree with that.
“But with speech, it is better not to play the cancel game. The other side reveals how they actually think. We want to know that. We should fight against our views being cancelled and fight hard, but not make the error of cancelling theirs. The more they talk, the more people can see the insipid, doctrinaire foundations to their views.”
Others disagree.
In an article called ‘In Defense of Cancel Culture’ in the American Spectator this week, Nate Hochman argued that the right should adopt a new, much more aggressive strategy in dealing with its political opponents: mutually assured destruction (MAD).
Hochman’s thesis is essentially that the left has debased the political discourse to such a degree that playing nice and principled is a losing game. Instead, he counsels “a short-term escalation to force a long-term de-escalation.”
This means punishing progressives for their bad behaviour in the same way that they have done to conservatives until they understand, “at a visceral level, the penalties for the system that they themselves constructed.” He reminds readers that roughly half of Democrats wanted to fine and imprison unvaccinated Americans in 2022 (in the US, Covid vaccination is a highly partisan issue).
Once progressives feel that the negatives of the cancel culture they’ve fostered outweigh the positives, said Hochman, “then, and only then, will the incentives truly change.”
Commentators in the blogosphere and on social media have offered similarly revanchist takes.
“No one wants to live a world characterized by (metaphorical) nuclear exchanges, but nuclear exchanges, once they become part of the universe of discourse, and [sic] held off only by deterrence, not decency,” wrote author Devon Erikson on X.
Pseudonymous Substacker John Carter catalogued a selection of such nuclear exchanges, including this “short list of how “Turn the other cheek” absolutely didn’t moderate the Left.”
“The left has been absolutely ruthless and relentless in its pursuit of total monolithic discursive purity,” he inveighed, suggesting that so long as conservatives are surgical in their use of political violence to achieve their goal – “ending leftist violence” – all will be well. “We can be magnanimous after victory.”
Doxxing Ordinary People Puts Harm in ‘Digital Granite’
Free speech purists will find the MAD strategy a hard pill to swallow – especially those who have paid a price to take a principled stand against cancel culture.
Former corporate journalist Alison Bevege is one of these people.
In 2020, during the first year of the Covid pandemic, Bevege was asked to work on an article on ‘Bunnings Karen,’ after footage circulated online of an unmasked woman arguing with Bunnings staff over her refusal to wear a mask inside.
But then, “it wasn’t enough just to kind of shame Bunnings Karen – they wanted me to find out her name, to try to find her on social media. And I didn’t want to do that,” Bevege told me, explaining that there should be a distinction between how we dole out social consequences to public figures and how we deal with private citizens. She left the Daily Mail soon after.
“You know, cancel culture has two components. One component is the shaming of the act, where you might share the video of some stupid thing that someone did, and everyone can laugh at it. I don’t really have a problem with that. That’s part of how we reinforce social norms,” said Bevege.
“But it’s the second part of cancel culture that I don’t like. And that is when you try to make that person really suffer by, for example, trying to get them to lose their job or trying to make it stick to them forever in a permanent way, like trying to damage someone with it.”
Bevege, who now publishes on her own Substack, Letters From Australia, and drives buses, gave the example of a prospective employer googling the name of a person who’s been shamed online.
“When you have a member of the public, you don’t know if that person’s had a bad day, if they’re mentally ill, if they’ve just lost their parents, if they’re drunk or on drugs. But when you name someone online it’s in digital granite. It’s there forever, and can really affect their lives.”
This is where Bevege draws the line. In MAD game theory though, this is the acceptable cost of “ending leftist violence,” if the victim is a Home Depot worker wishing for a successful presidential assassination.
Deportation Should Not Be Used for Censorship of Debate
In the case of public figures like Gass doing dumb things on stage, Bevege said people should by all means “rip the shit out of him…and don’t go to a show,” but that deportation would be “ridiculous.”
“I like Senator Babet because he’s really stood up for the vaccine injured. But we’ve got to stop deporting and banning people for speech,” said Bevege, recalling the time polarising UK personality Katie Hopkins was deported from Australia for joking online about planning to breach Covid quarantine rules and for describing the lockdown as a “hoax.”
Nikolic and Dr Kirkham also raised concerns over migration laws being used as a tool for censorship. Nikolic has been a vocal critic of the conservative Australian Government’s deportation of star tennis player Novak Djokovic in January 2022 for his anti-Covid vaccination views. And, Dr Kirkham pointed to the delay of Irish women’s rights and gender critical activist Graham Linehan’s visa application earlier this year while Australian authorities conducted a “character assessment,” despite Linehan having no criminal record.
“Freedom of speech exists for the views that you don’t like, and you have to tolerate those views,” said Bevege.
Unfortunately, an increasing number of conservatives seem to be running short of tolerance.
Republished from the author’s Substack
Brownstone Institute
iPhone Now Collects Your Mental Health Data
From the Brownstone Institute
By
No data is 100% secure, and this is mental health data. Data that might be extremely embarrassing, career-damaging, or has the potential to disrupt family relationships. Remember, no one knows what new laws, regulations, or more might come to pass years from now.
True Story: The Health app built into iPhones is now collecting as much personal information on the mental health of each and every one of us as they can get a hold of.
Yet, a search on Google and Brave yielded no results on the dangers of sharing such information over the phone or the internet. Seriously, no single MSM has done an article on why such data sharing might be a bad idea?
To start, in sharing such data, you aren’t just sharing your information; iPhone knows exactly who your family members are. In many cases, those phones are connected via family plans.
iPhone mental health assessments not only ask questions about your mental health but can also infer the mental health status of family members, as demonstrated by the image publicly shared by phone on the benefits of a phone mental health assessment.
What could possibly go wrong?
Although the iPhone has historically been known to keep user data “safe,” this is not a given, and there have been hacks and data breaches over the years.
CrowdStrike happened – from just a simple coding error. In 2015, all of my confidential data given to the DoD and the FBI in order to get a security clearance was harvested by the Chinese government, when they hacked into the government’s “super-secret,” and “super-secure” government data storage site. In response, the government offered me a credit report and monitoring of my credit score for a year. Yeah – thanks.
The bottom line – no data is 100% secure, and this is mental health data. Data that might be extremely embarrassing, career-damaging, or has the potential to disrupt family relationships. Remember, no one knows what new laws, regulations, or more might come to pass years from now. This type of information should not be harvested and stored.
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Furthermore, trusting that Apple will never sell that data or pass it off to research groups is very naive. In fact, mental health data is already being mined.
Apple has partnered with various health organizations and academic institutions to conduct health-related studies, such as Harvard T.H. Chan School of Public Health, Brigham and Women’s Hospital, and the University of Michigan on various health studies. Apple also collaborates with the University of California, Los Angeles (UCLA) on a Digital Mental Health Study. This study likely utilizes data collected through Apple devices to investigate mental health patterns and outcomes. Trusting that the user identifiers have been completely stripped before that data is passed on is a risk that one takes when entering such information into an iPhone.
“Connect with resources.”
So how does Apple benefit? At this time, it appears that Apple is selling advertising of various mental health services by “connecting” services to people’s phones. Apple writes that “These assessments can help users determine their risk level, connect to resources available in their region, and create a PDF to share with their doctor.”
That might mean that if one presses the depressed button in the mental health assessment, Apple will place ads on the search engine for anti-depressants or physicians that prescribe them.
Why would that example be relevant, and which pharmaceutical companies might benefit?
iPhone has developed their mental health assessment with an “educational grant” from Pfizer!
Pfizer manufactures and sells Zoloft, Effexor, Pristiq, and Sinequan formulations. Together the sales revenue for these drugs is in the billions each year:
From 2015 to 2018, 13.2% of American adults reported taking antidepressant medication within the past 30 days, with sertraline (Zoloft) being one of the most common. Even off-patent, there were 39.2 million prescriptions filled with an annual sales revenue of 470 million.
Effexor XR is an antidepressant medication that was originally developed by Wyeth (now part of Pfizer). In 2010, when the first generic version of Effexor XR was introduced in the United States, the brand name product had annual sales of approximately $2.75 billion. By 2013, due to generic competition, Pfizer’s sales of Effexor XR dropped to $440 million.
According to IMS Health data, in 2016, Pristiq (desvenlafaxine) had annual sales of approximately $883 million in the United States, although sales appear to have fluctuated over the years.
The bottom line is that Pfizer is not supplying educational grants to develop mental health assessment software for Apple out of the “goodness of their heart.” Mental health inventions via medication are a big business, and these companies are looking to profit.
This is just one way that Apple is using surveillance capitalism by data mining mental health status and then selling access to that data to Big Pharma, Big Tech, physician and insurance companies, etc.
How this information, which once released or leaked, can never be returned with privacies intact, will be used in the future is unknown.
If the setting for sharing research on health conditions has not been deactivated, this information will go into a database somewhere. It is only Apple’s assurance that your identification has been stripped from the data. Further, your mental health information will be uploaded to the cloud and will be used as a behavioral future. To be shared, packaged, sold, used to influence your decision-making, etc.
I am wary of the highly profitable industry that has been built up around “mental disorders.” Over the years, the American Psychiatric Association and the fields of psychology and psychiatry have hurt individuals and families by both classifying diseases and disorders incorrectly and by developing treatments and therapies that were and are dangerous. Many are still in use. Here are a few examples:
- There are estimates that 50,000 lobotomies were performed in the United States, with most occurring between 1949 and 1952. In 1949, the Nobel Prize in Physiology or Medicine was awarded to António Egas Moniz for his development of the lobotomy procedure.
- Homosexuality was classified as a mental disorder in 1952 with the publication of the first Diagnostic and Statistical Manual of Mental Disorders (DSM-I) by the American Psychiatric Association (APA). It was listed under “sociopathic personality disturbance.” This classification remained in place until 1973.
- Selective Serotonin Reuptake Inhibitors (SSRIs) are a widely prescribed class of antidepressant medications. There is a link between SSRIs and increased risk of violent crime convictions, and other research has shown an increase in self-harm and aggression in children and adolescents taking SSRIs.
- The APA supports access to affirming and supportive treatment for “transgendered” children, including mental health services, puberty suppression and medical transition support.
- The APA believes that gender identity develops in early childhood, and some children may not identify with their assigned sex at birth.
- Asperger’s syndrome was merged into the broader category of autism spectrum disorder (ASD) in the DSM-5 in 2013. Since then, a large number of people have faced discrimination and barriers to entry into higher-paying positions. Children handed such a diagnosis also can suffer a lack of confidence in their ability to manage relationships effectively, which can easily carry on to adulthood.
These are just a few of the many, many ways the American Psychiatric Association and the fields of psychology and psychiatry have gotten things very wrong.
- A survey of more than 500 social and personality psychologists published in 2012 found that only 6 percent identified as conservative overall, implying that 94% were liberal or moderate.
- At a 2011 Society for Personality and Social Psychology annual meeting, when attendees were asked to identify their political views, only three hands out of about a thousand went up for “conservative” or on the right.
The liberal bias in psychology influences findings on conservative behaviors.
To bring this back to the use of software applications and the iPhone mental health app in particular, be aware that these software programs are being developed by people with a liberal bias and who will view the beliefs of conservatives negatively. What this means for future use of this data is unknown, but it can’t be good.
If you do choose to use the mental health applications, which mainstream media has nothing but praise for, be aware – there are alligators in those waters.
But sure that the data sharing mode, particularly giving data access to researchers is turned off. But even then, don’t be surprised if your phone begins planting messages about the benefits, SSRIs, or other anti-depressant drugs into your everyday searches. Or maybe your alcohol use or tobacco use data will be used to supply you with advertisements on the latest ways to reduce intake or how to find a good mental health facility. These messages may very well include neuro-linguistic programming methods and nudging, to push you into treatment modalities. But honestly, it is all for your “own good and for the benefit of your family.”
Now, the iPhone and the watch can be valuable tools. The EKG, blood oxygen, and heart rate monitoring are fantastic tools for those who suffer from cardiac disorders. I have found them to be extremely helpful.
My wife, Jill is often motivated by getting more walking steps each week via her iWatch tracker.
Just be aware that these programs can be invasive. Data is never 100% secure and it is being used. We just don’t know all the details.
Republished from the author’s Substack
Brownstone Institute
Big Pharma’s Rap Sheet
From the Brownstone Institute
By
It was one of those conversations you never forget. We were discussing – of all things – the Covid injections, and I was questioning the early ‘safe and effective’ claims put forward by the pharmaceutical industry. I felt suspicious of how quickly we had arrived at that point of seeming consensus despite a lack of long-term safety data. I do not trust the pharmaceutical industry. My colleague did not agree, and I felt my eyes widen as he said, “I don’t think they would do anything dodgy.” Clearly, my colleague had not read the medical history books. This conversation slapped me out of my own ignorance that Big Pharma’s rap sheet was well-known in the profession. It isn’t.
With this in mind, let’s take a look at the history of illegal and fraudulent dealings by players in the pharmaceutical industry; an industry that has way more power and influence than we give them credit for.
Before I continue, a word (not from our sponsor). There are many people working in this industry who have good intentions towards improving healthcare for patients, dedicating their lives to finding a cure or treatment for disease. Some therapeutic pharmaceuticals are truly life-saving. I probably wouldn’t be here today were it not for a couple of life-saving drugs (that’s a story for another time). But we must be very clear in our understanding. The pharmaceutical industry, as a whole and by its nature, is conflicted and significantly driven by the mighty dollar, rather than altruism.
There are many players and different games being played by the industry. We ignore these at our peril. The rap sheet of illegal activities is alarming. It seems that barely a month goes by without some pharmaceutical company in court, somewhere. Criminal convictions are common and fines tally into the billions. Civil cases, with their million-dollar settlements, are abundant too.
A 2020 peer-reviewed article published in the Journal of the American Medical Association outlines the extent of the problem. The group studied both the type of illegal activity and financial penalties imposed on pharma companies between the years 2003 and 2016. Of the companies studied, 85 percent (22 of 26) had received financial penalties for illegal activities with a total combined dollar value of $33 billion. The illegal activities included manufacturing and distributing adulterated drugs, misleading marketing, failure to disclose negative information about a product (i.e. significant side effects including death), bribery to foreign officials, fraudulently delaying market entry of competitors, pricing and financial violations, and kickbacks.
When expressed as a percentage of revenue, the highest penalties were awarded to Schering-Plough, GlaxoSmithKline (GSK), Allergan, and Wyeth. The biggest overall fines have been paid by GSK (almost $10 billion), Pfizer ($2.9 billion), Johnson & Johnson ($2.6 billion), and other familiar names including AstraZeneca, Novartis, Merck, Eli Lilly, Schering-Plough, Sanofi Aventis, and Wyeth. It’s quite a list, and many of the Big Pharma players are repeat offenders.
Prosecuting these companies is no mean feat. Cases often drag for years, making the avenue of justice and resolution inaccessible to all but the well-funded, persistent, and steadfast. If a case is won, pharma’s usual response is to appeal to a higher court and start the process again. One thing is clear; taking these giants to court requires nerves of steel, a willingness to surrender years of life to the task, and very deep pockets.
For every conviction, there are countless settlements, the company agreeing to pay out, but making no admission of guilt. A notable example is the S35 million settlement made, after 15 years of legal maneuvering, by Pfizer in a Nigerian case that alleged the company had experimented on 200 children without their parent’s knowledge or consent.
Reading through the case reports, the pattern of behavior is reminiscent of the movie Groundhog Day with the same games being played by different companies as if they are following some kind of unwritten playbook.
Occasionally there is a case that lifts the lid on these playbook strategies, revealing the influence of the pharma industry and the lengths they are willing to go to, to turn a profit. The Australian Federal Court case Peterson v Merck Sharpe and Dohme, involving the manufacturer of the drug Vioxx, is a perfect example.
By way of background, Vioxx (the anti-arthritis drug Rofecoxib) was alleged to have caused an increased risk of cardiovascular conditions including heart attack and stroke. It was launched in 1999 and, at peak popularity, was used by up to 80 million people worldwide, marketed as a safer alternative to traditional anti-inflammatory drugs with their troublesome gastrointestinal side effects.
In Peterson v Merck Sharpe and Dohme, the applicant – Graeme Robert Peterson – alleged the drug had caused the heart attack he suffered in 2003, leaving him significantly incapacitated. Peterson argued that the Merck companies were negligent in not having withdrawn the drug from the market earlier than they did in 2004 and, by not warning of the risks and making promotional representations to doctors, were guilty of misleading and deceptive conduct under the Commonwealth Trade Practices Act 1974.
In November 2004 Dr David Graham, then Associate Director for Science and Medicine in FDA’s Office of Drug Safety provided powerful testimony to the US Senate regarding Vioxx. According to Graham, prior to the approval of the drug, a Merck-funded study showed a seven-fold increase in heart attacks. Despite this, the drug was approved by regulatory agencies, including the FDA and the TGA.
This finding was later supported by another Merck-funded study, VIGOR – which showed a five-fold increase, the results of which were published in the high-impact New England Journal of Medicine. It was later revealed by subpoena during litigation that three heart attacks were not included in the original data submitted to the journal, a fact that at least two of the authors knew at the time. This resulted in a ‘misleading conclusion’ regarding the risk of heart attack associated with the drug.
By the time Peterson v Merck Sharpe and Dohme, an associated class action involving 1,660 people, was heard in Australia in 2009, the international parent of MSD, Merck, had already paid $4.83 billion to settle thousands of lawsuits in the US over adverse effects of Vioxx. Predictably, Merck made no admission of guilt. The Australian legal battle was a long, drawn-out affair, taking several years with more twists and turns than a cheap garden hose (you can read more about it here and here).
Long story short, a March 2010 Federal Court finding in favor of Peterson was later overturned by a full bench of the Federal Court in Oct 2011. In 2013, a settlement was reached with class action participants which resulted in a mere maximum payment of $4,629.36 per claimant. MSD generously waived their claim for legal costs against Peterson.
What’s notable in this battle was the headline-grabbing courtroom evidence detailing the extent of alleged pharmaceutical misdeeds in marketing the drug. The pharma giant went to the lengths of producing sponsored journals with renowned scientific publisher Elsevier, including a publication called The Australasian Journal of Bone and Joint Medicine. These fake ‘journals’ were made to look like independent scientific journals, but contained articles attributed to doctors that were ghostwritten by Merck employees. Some doctors listed as honorary Journal board members said they had no idea they were listed in the journal and had never been given any articles to review.
But wait, there’s more.
The trove of internal emails presented in evidence revealed a more sinister level of operation. One of the emails circulated at the pharma giant’s US headquarters contained a list of ‘problem physicians’ that the company sought to ‘neutralize’ or ‘discredit.’ The recommendations to achieve these ends included payment for presentations, research and education, financial support of private practice, and ‘strong recommendation(s) to discredit.’ Such was the extent of intimidation, that one professor wrote to the head of Merck to complain about the treatment of some of his researchers critical of the drug. The court heard how Merck had been ‘systematically playing down the side effects of Vioxx’ and their behavior ‘seriously impinge(d) on academic freedom.’
This alleged systematic intimidation was as extensive as it was effective. Result? Merck made over $2 billion per year in sales before Vioxx was finally pulled from pharmacy shelves in 2004. In his testimony, Dr Graham estimated that between 88,000 and 139,000 excess cases of heart attack or sudden cardiac death were caused by Vioxx in the US alone before it was withdrawn.
These systems of influence, manipulation, and tactics were largely operative when Covid arrived. Add to that the ‘warp speed’ development of novel ‘vaccines,’ government green lights, pharmaceutical indemnity, and confidential contracts. Now you have the makings of a pharmaceutical payday the likes of which we have never seen before.
It should come as no surprise then, the recent announcement that five US states – Texas, Kansas, Mississippi, Louisiana, and Utah – are taking Pfizer to court for withholding information, and misleading and deceiving the public through statements made in marketing its Covid-19 injection. That these cases are filed as civil suits under consumer protection laws is likely just the tip of the pharmaceutical playbook iceberg. No doubt the discovery process will hold further lessons for us all.
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