Thomas M. Greene Awarded “Most Compelling Argument” in 2010 Battle of the Lawyers

Greene LLP attorney Thomas M. Greene won the 2010 Battle of the Lawyers which was held on November 4, 2010 at the C. Walsh Theater at Suffolk University in Boston.  Massachusetts Lawyers Weekly sponsors the annual event in which four prominent trial attorneys reprise a condensed version of their closing arguments from actual trials conducted within Massachusetts.  A “jury,” comprised of retired judges, law school faculty members, members of the news media, and other Massachusetts trial attorneys, returned a “verdict” that Mr. Greene had delivered the most compelling argument.  The 2010 “Battle of the Lawyers” was featured by Sacha Pfeiffer on National Public Radio.  The Radio Boston segment, which includes audio of Mr. Greene’s argument, is available here.

Mr. Greene delivered a shorter version of the closing argument he presented to a federal jury in March 2010, when he represented Kaiser Foundation Health Plan against Pfizer, Inc. in a RICO trial concerning fraudulent marketing of the prescription drug Neurontin.  Shortly after he delivered his closing, the federal jury awarded Mr. Greene’s client over $47 million in damages, which was trebled under federal law to over $142 million.

At the 2010 Battle of the Lawyers, Mr. Greene summarized Pfizer’s campaign of suppressing negative clinical trial results and misrepresenting the true results of the trial in the articles that were published.  Mr. Greene also highlighted the hundreds of millions of dollars Pfizer received through its illegal and fraudulent marketing campaign.  Mr. Greene charged “the jury” with a responsibility to tell Pfizer “that we don’t want our doctors to practice marketing-based medicine – we want them to practice evidence-based medicine.”

Mr. Greene was surprised to have won the competition.  “It was a honor just to have been selected to present.  The others were each excellent attorneys who gave very good closings.”

For more information about Neurontin litigation and the Kaiser trial that resulted in the RICO jury verdict, click here to see “Justice After a 14-Year Battle” published by Trial.  For more information about the selective publication of clinical trial reports related to Neurontin, see this article published in the New England Journal of Medicine by Dr. Kay Dickerson, who was an expert for the Plaintiffs at the Kaiser trial.  Click here for information about Judge Patti Saris’s findings that Pfizer engaged in a fraudulent and unlawful marketing campaign and that Neurontin is not effective for several off label uses in her decision on a related claim under the California Unfair Competition Law.

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