what they 23 wanted to include and exclude what they want to 24 exclude? 467 1 A I think you missed the 2 last part of my statement in which I said and then 3 we will negotiate what the final protocol will be, 4 and the answer to your initial question is 5 absolutely, we do that all the time. 6 Investigators have special interests, things they 7 would like to study that are important to them, 8 and there are additions to protocols made very 9 frequently. This is a standard practice in 10 clinical research going back to when I was a 11 clinical investigator long before I came here. 12 Q Did you negotiate the 13 terms of the protocol with Doctor Lu? 14 A Not personally, no. 15 Q Do you know, in fact, 16 that it was negotiated? 17 A I know that it was. 18 (WEINSTEIN EXHIBIT NO. 31 MARKED FOR 19 IDENTIFICATION.) 20 Q In this document, Exhibit 21 31, Doctor Lu is writing you personally, is he 22 not? 23 A Correct. 24 Q And states that he's 468 1 sorry that the response to your suggested protocol 2 has been late due to the newly developing 3 conditions, correct? 4 A Correct. 5 Q And that has to do with 6 his appointment in the Department of Human 7 Genetics at the Yale School of Medicine, correct? 8 A Correct. 9 Q And there he asks you to 10 add measurements on family history and linkage 11 studies and delete sleep recordings and CSF 12 analysis, correct? 13 A Correct. 14 Q Was that agreed to? 15 A I frankly don't recall. 16 I really don't recall. I believe I responded to 17 this letter, but I don't specifically remember 18 what was in the response. 19 Q Why are you dealing with 20 the details of this study in August of 1992? 21 A I'm not dealing with the 22 details, I was the one person that was his contact 23 person in Indianapolis. He contacted me when he 24 had questions and business to conduct, and I 469 1 referred those to the people who knew better. I'm 2 not qualified to know whatever measurements on 3 family history he was talking about, and linkage 4 studies, which I don't understand at all, would be 5 appropriate or inappropriate, and I think as 6 you've seen from the last two days, I tried to let 7 the people who are expert in the area deal with 8 these scientific issues. 9 Q But apparently he's still 10 directing correspondence to you in August of '92? 11 A Absolutely. 12 Q Concerning details? 13 A Absolutely, and I'm 14 certain that when August 1994 comes, he will also 15 direct things to me, and I will also refer them to 16 other people who are more qualified to deal with 17 them. 18 Q That was my next 19 question, is he still reporting to you and dealing 20 with you in connection with this study, from time 21 to time? 22 A From time to time, very 23 rarely. I haven't heard from Doctor Lu in a 24 number of months, but if he has questions that 470 1 have to do with the science or design, as he did 2 when the protocol was being finalized, he would 3 communicate with me, and then I would pass on his 4 questions to appropriate individuals. 5 (WEINSTEIN EXHIBIT NO. 32 MARKED FOR 6 IDENTIFICATION.) 7 Q I believe Exhibit 32 is 8 probably, for completeness, your response to 9 Exhibit 31, which was Doctor Lu's letter to you. 10 A I believe so. 11 Q And there you agreed to 12 add measurements on family history and linkage 13 studies and delete sleep recording, correct? 14 A Correct. 15 Q Who did you check with 16 concerning whether or not to add or delete these 17 particular items, do you recall? 18 A No. It would have been 19 one of the psychiatrists here in Indianapolis. 20 Q Do you have any 21 responsibility for budget approval of 22 international clinical trials? 23 A Yes, some. 24 Q And what is that 471 1 responsibility; are you part of a committee that 2 reviews budget proposals? 3 A Well, I am part of a 4 committee that reviews budget proposals. I also 5 have authority to approve budgets -- this is going 6 to get a little complicated -- for studies that 7 are done on products that are being currently 8 marketed in a variety of countries other than the 9 United States, but are not part of the development 10 of a new chemical entity for approval. 11 Q That has to be submitted 12 to some other committee? 13 A I'm part of the committee 14 that does that, but I also have personal budgetary 15 authority to approve studies, for example, such as 16 this one. 17 Q Did anybody accompany you 18 at the early 1992 meeting with Doctor Lu in 19 Taiwan? 20 MR. FREEMAN: You mean 21 from the Taiwanese office of Lilly? 22 MR. SMITH: Yes. 23 Q (BY MR. SMITH) I believe 24 you already said you didn't think anybody from 472 1 Indianapolis went with you? 2 A That's correct. 3 Q Was there anybody from 4 the Taiwanese office? 5 A Yes, I believe so. 6 Q Who would that have been? 7 A I believe that would have 8 been Michael Chen, and a man named C.M. Shih, 9 S-H-I-H. 10 Q And what would have been 11 the purpose of their attending? 12 A They just knew Professor 13 Lu and had had previous contact with him, and that 14 was my first interaction with him. 15 Q But Doctor Lu speaks 16 English? 17 A Yes. 18 Q Fluent? 19 A His English is not 20 fluent. 21 Q Do you speak languages 22 other than English? 23 A French. 24 Q Only French? 473 1 A Only French. 2 Q Fluently? 3 A No, I wouldn't regard 4 myself as fluent. 5 MS. ZETTLER: Does Doctor 6 Lu speak French? 7 THE WITNESS: I have no 8 idea. 9 (WEINSTEIN EXHIBIT NO. 33 MARKED FOR 10 IDENTIFICATION.) 11 Q (BY MR. SMITH) Exhibit 12 33 is a letter under your name transmitting to 13 Doctor Lu a protocol comparing fluoxetine with 14 maprotiline, correct? 15 A Correct. 16 Q Not the pronunciation of 17 the word, but the question is correct, right? 18 A Correct. 19 Q Is this indeed the 20 preliminary protocol that you sent to him? 21 A It appears to be. 22 Frankly, I'm not clear as to the dates, but this 23 appears to be the protocol, yes. 24 Q This actually is a 474 1 protocol for another study that was done? 2 A As I mentioned, I 3 provided him a protocol that looked at the 4 efficacy and safety of fluoxetine versus 5 maprotiline, and then suggested that he modify 6 that according to his interests, and I believe the 7 cover letter states that. 8 Q Yes. But this was 9 actually a protocol for a study that was intended 10 to be done in Sweden, correct? 11 A Correct. 12 Q Do you know if that study 13 was done? 14 A I don't know. 15 Q Well, it's dated -- the 16 protocol is dated May 13, 1986, apparently. 17 A Correct. 18 Q Eight years previous to 19 the letter transmitting the protocol to Doctor Lu? 20 A Correct. 21 Q So apparently the results 22 of this study should have been known? 23 A If this study was 24 performed, and I really don't know whether it was 475 1 or was not. Clearly, there were discussions going 2 on between Lilly in Europe and investigators in 3 Sweden regarding this study, but I do not know 4 when this study took place or if the study took 5 place. 6 Q Can you tell by looking 7 at the study how long patients would be treated on 8 the study? It says under Study Design on Page -- 9 it says 526 in the lower right-hand corner, 1.2, 10 it says patients responding to placebo will be 11 randomly allocated to fluoxetine or maprotiline 12 treatment for forty-two days? 13 A Yes. 14 Q So would that probably be 15 the duration -- 16 A It's the duration. 17 Q -- of treatment? 18 A Correct. 19 Q So would it be safe to 20 say that this study had already been probably 21 completed by the time it was sent to Doctor Lu? 22 A If the study was even 23 started, it's most likely that it had been 24 completed by that time, yes. 476 1 Q How would we know whether 2 or not this study was started, whether or not it 3 was completed, and if so, when? 4 A I assume it's available 5 in the Lilly files of completed studies, if in 6 fact it was done. 7 Q But you don't recall 8 making an independent analysis concerning whether 9 or not the information sought in this protocol was 10 indeed already obtained prior to sending it to 11 Doctor Lu? 12 A No, I did not. 13 Q And this study doesn't 14 have anything to do with suicidality, does it? 15 A No. 16 Q But Doctor Lu -- or was 17 it Lilly that was going to add to this study the 18 elements of suicidality inquiries? 19 A As I mentioned and as the 20 cover letter says, we asked Doctor Lu to add those 21 measurements that are of interest to him and 22 delete those which he does not believe would be 23 useful. 24 Q Do you recall ever 477 1 conducting a study with an investigator who had 2 produced flawed data or attempted to publish 3 flawed data previously? 4 A No. 5 Q Of course, Doctor Lu had? 6 A Doctor Lu had -- I'm not 7 sure that I accept the statement attempted to 8 publish. Doctor Lu had presented his data, he had 9 stated he intended to publish, and he didn't, but 10 I'm not sure -- I guess I'm not understanding the 11 question. 12 Q Okay, I'll see if I can 13 make it clear. The judgment was that the 14 conclusions drawn from that data were not 15 scientifically correct? 16 A Correct. 17 Q Is that true? 18 A True. 19 Q So if it could be called 20 a study, it was not a good study, right? 21 A If one called it a study, 22 it was not a good study, correct. 23 Q My question is, had you 24 ever had any situation where you had had an 478 1 individual such as this that had flawed data or a 2 study that was not a good study or had drawn 3 conclusions based on observations that were not 4 scientifically correct that you turned around and 5 hired to do a study on? 6 A Not that I recall. 7 Q But you did with Doctor 8 Lu? 9 A Doctor Lu is doing a 10 study that he helped design, yes. 11 (WEINSTEIN EXHIBIT NO. 34 MARKED FOR 12 IDENTIFICATION.) 13 Q Since we've been talking 14 about Australia, I guess it would be okay to talk 15 about New Zealand since they're close, right? 16 A They're not that close. 17 Americans think they're closer than they really 18 are. 19 Q Try to get there, huh? 20 A Twelve hundred miles 21 between them. 22 Q That's incredible, you 23 never think of it that way. Who is Herrero 24 Leandro? 479 1 A Leandro Herrero. I don't 2 know which position he held on this date. At one 3 time he was a physician -- he is a psychiatrist. 4 He is based in the United Kingdom and was 5 responsible for fluoxetine. However, at another 6 time subsequent to that, he was based here in 7 Indianapolis and worked for me as one of these 8 international medical advisors that I described 9 earlier. 10 Q Is he still a Lilly 11 employee? 12 A No. 13 Q Do you know where he is 14 now? 15 A The last time I checked, 16 he was back in the UK and he worked for Glaxo. 17 Q Is he an Englishman? 18 A No, he's Spanish. 19 Q What's the subject of his 20 memo to you? 21 A It appears to be 22 fluoxetine depression, cost benefit analysis, New 23 Zealand. 24 Q When he says CBA, is that 480 1 what he's referring to? 2 A I believe so, yes. 3 Q And he's a psychiatrist? 4 A Yes. 5 Q Item 4 of that document 6 indicates the use of -- well, what has he done 7 here, he's reviewing a cost benefit analysis, is 8 that what he's doing? 9 A Apparently he is 10 reviewing a cost benefit analysis of fluoxetine 11 used in depression that was performed in New 12 Zealand. 13 Q That was performed in New 14 Zealand? 15 A I believe so, yes. 16 Q Did you review that 17 document also? Obviously you were or had had some 18 input. 19 A I don't know. This is a 20 very curious message in that there's the word Ed 21 at the very top of it before he says thank you, 22 and the way our electronic mail system works, this 23 could have been sent to someone named Ed and he 24 simply copied me, and it would appear this way. I 481 1 don't know who Ed is, so I can't tell you that 2 I've reviewed this. I think it's very unlikely, 3 since I'm not a health economist and Doctor 4 Herrero was heavily involved in learning and 5 becoming more expert in health economics, I think 6 it's unlikely that I would have seen it. And 7 again, I wish I could tell you who Ed is, but I 8 don't know. 9 Q Item 4 says the use of 10 partial data may be a problem, correct? 11 A Correct. 12 Q Specifically, Item A, 13 "McCombs has done a lovely job (reference 6) but 14 I doubt you can give this data an universal 15 category. If we thought that effectively 16 fluoxetine," quote, "'reduces the number of 17 suicide attempts," paren sic, close quote, "Doctor 18 Bob Thompson would probably invite you for dinner 19 and a few more things. This is risky. Please 20 talk to Doctor Thompson," correct? 21 A Correct. 22 Q Do you have any 23 recollection of receiving that? 24 A No. 482 1 Q Do you know who Doctor 2 Bob Thompson is? 3 A Yes. 4 Q He was with the 5 international group? 6 A Yes. 7 Q Did he have any 8 responsibilities in connection with Prozac? 9 A Yes. 10 Q Did he have any 11 responsibilities in connection with presentations 12 and analysis stating that fluoxetine reduces the 13 number of suicide attempts? 14 A I'm not aware that he 15 did. He may have. When analyses or presentations 16 were made, Doctor Thompson may well have been 17 involved. I don't have any specific recollection 18 of information about reducing the number of 19 suicide attempts. 20 Q Well, in any event, 21 Doctor Herrero, the psychiatrist, says that this 22 is risky, correct? 23 A Correct. 24 Q And that if it were a 483 1 fact, Doctor Bob Thompson would probably invite 2 you for dinner and a few more things, correct? 3 A Correct. 4 (WEINSTEIN EXHIBIT NO. 35 MARKED FOR 5 IDENTIFICATION.) 6 Q Do you recall receiving 7 Exhibit 35, which apparently is a document 8 directed to you by Doctors Schulze-Solce and Hans 9 Nikolaus -- is that two different doctors? 10 A No, it's the same person. 11 Q The person's name is 12 Schulze-Solce Hans Nikolaus? 13 A No, his name is Hans 14 Nikolaus Schulze-Solce; last names appear first in 15 electronic mail, at least Lilly electronic mail. 16 Q Do you trust anybody, 17 Doctor, with a hyphenated last name? 18 A It depends on whether 19 they're a man or woman. 20 Q This is a man, isn't it? 21 A This is a man. 22 MS. ZETTLER: I want 23 clarification on which ones don't you trust. 24 MR. MYERS: Don't answer 484 1 that. 2 A I don't specifically 3 remember this, but obviously I received it since 4 it's from my electronic mail. 5 Q Doctor Schulze-Solce 6 says, "Fluoxetine, I've just returned from my 7 meeting with Straeter" -- am I saying that right, 8 is that Straeter? 9 A That's fine. 10 Q "Our discussion resulted 11 in the following action. I shall prepare 12 eventually two options for the indication and 13 contraindication section of the product 14 information. I shall add some comments explaining 15 our thoughts and positions and send the whole 16 stuff as a letter to Straeter. Straeter will try 17 to use this in discussions with Professor Elbers 18 of the BGA who is responsible for the coordination 19 of the further process and someone with good 20 relations to Straeter. He may even leave our 21 letter to Straeter as mentioned above with Elbers, 22 thus we will not officially submit a new draft but 23 have the opportunity to get some information about 24 our position into the agency," correct? 485 1 A Correct. 2 Q Do you know who Professor 3 Elbers is, other than what is said here? 4 A No. 5 Q Was he with the BGA or 6 was he on the Commission A? 7 A I don't know. It says 8 Professor Elbers of the BGA, and that's all I 9 know. I don't know who the person is. 10 Q And this is 11 immediately -- or not immediately, but a few 12 months prior to Prozac or Fluctin being approved 13 by the BGA, correct? 14 A Correct. 15 Q Do you know of any other 16 occasion when this mode of getting information 17 into the BGA was used? 18 A I'm not sure what you 19 mean by this mode of communication. 20 Q Where the lawyer who was 21 formerly the head lawyer with the BGA takes a 22 letter to a Professor Elbers with the BGA who is 23 responsible for coordination of further process, 24 and then may leave the letter, but that this would 486 1 not officially submit a new draft, but get the 2 position before the agency? 3 A No, I think I understand 4 what is being talked about here, and it appears to 5 be something related to the product information, 6 but I'm not aware of this process, no. 7 Q Well, in dealings with 8 the United States Food and Drug Administration, 9 the regulatory individual at Lilly involved 10 normally sends a cover letter transmitting 11 something formally by mail to the United States 12 Food and Drug Administration, correct? 13 A Correct. 14 Q But here it appears that 15 a lawyer that's representing Lilly, that used to 16 be the head lawyer for the BGA, is actually 17 physically hand-carrying a document to an 18 individual at the BGA who is going to review it, 19 but it's not going to be, as he says, officially 20 submitted. 21 A I don't read it that this 22 person is going to review it. I don't 23 understand -- I don't know who Professor Elbers is 24 and I don't read this -- it says he's responsible 487 1 for coordination of the further process, which is 2 not further defined. It's not my impression that 3 he's someone who reviews information, but again, I 4 just don't know who Professor Elbers is. 5 Q I guess my question is 6 caused by the fact it says, "Thus we will not 7 officially submit a new draft but have the 8 opportunity to get some information about our 9 position into the agency." 10 A That's what it says. 11 Q But you can't give me any 12 explanation? 13 A I really don't know what 14 this process was. 15 Q From your standpoint as 16 the vice president of international marketing -- 17 A Correction, not 18 marketing. 19 Q International medical, 20 I'm sorry. 21 A Thank you. 22 Q Otherwise you wasted a 23 lot of time in school. 24 A That's correct. 488 1 Q As vice president of 2 international medical, did you have any particular 3 feelings concerning one product of Lilly over the 4 other? Do you follow what I'm saying? 5 A I believe so, and the 6 answer is no. 7 Q You didn't have a 8 particular antibiotic that you felt was new and 9 exciting and have some great medical benefit 10 versus an anticancer medication or anti-AIDS 11 medication that you were particularly fond of? 12 A No, I'm equally fond of 13 all of them, and I didn't have any particular 14 favorite; I don't have any particular favorite. 15 Q And Prozac comprised 16 about, if you look at total time that you spent 17 since -- 1984? 18 A '83. 19 Q '83, approximately twenty 20 percent of your time? 21 A At most, yes. 22 Q Now you don't have 23 anything to do with Prozac? 24 A Probably less than one 489 1 percent of my time is spent on Prozac. 2 Q Why is that? 3 A Because in the areas 4 where I'm concentrating my activity over the 5 course of the last year or two, in fact Prozac is 6 not even marketed in most of the areas in which 7 I'm spending most of my time at the present. 8 Q Where are you spending 9 most of your time at the present? 10 A India and Asia. 11 Q Why is that? 12 A Because the company is 13 expanding, particularly into China and to India. 14 Q Why is it that Prozac is 15 not marketed in India or Asia? 16 A I think eventually it 17 will be, but we're just beginning our operations 18 in those countries and right now were trying to 19 register compounds and to build staff, and we're 20 only one or two years old in some of those -- in 21 both of those countries at the present time. 22 Q Do you have any products 23 registered in India or Asia? 24 A We have very few, and 490 1 they are oral antibiotics. 2 Q Why is it that you 3 selected oral antibiotics to register first as 4 opposed to other medications? 5 A Because there's a greater 6 medical need for anti-infective products in those 7 countries than for products in other areas. 8 Q Why is that? 9 A Because infectious 10 diseases remain much more important in some of the 11 developing world than they are in parts of the 12 developed world. 13 Q Do you see that as a 14 major market for Lilly, anti-infectious 15 medications in third-world countries? 16 A I don't know that it 17 would characterized as a major market, but we have 18 a large number of anti-infective products, none of 19 which have been used in the developing world, and 20 we will attempt to register them and market them 21 in those countries. 22 Q Before you attempt to 23 register and market other agents such as 24 anticancer agents, antidepressants, things of that 491 1 nature? 2 A They're all part of a 3 process, and the first ones that we've registered 4 in these countries happen to be antibiotics, and 5 as time goes on, we will register the rest of our 6 products. 7 MR. SMITH: No further 8 questions. 9 * * * * * 10 CROSS-EXAMINATION 11 12 BY MS. ZETTLER: 13 Q I have just a few 14 questions, Doctor Weinstein. Have you ever heard 15 of parasuicide, P-A-R-A-S-U-I-C-I-D-E? 16 A No. 17 Q Is there a different 18 diagnoses criteria or definition of suicidal 19 ideation in Germany than here in the United 20 States? 21 A I don't know. Again, as 22 I mentioned earlier, I'm aware that there are 23 different scales used for suicidality, like there 24 are different rating scales. I'm not aware 492 1 whether there are or there aren't different 2 assessments made in Germany. 3 Q Are you aware of whether 4 or not the BGA analyzed the HAMD results in the 5 clinical trials submitted by Lilly initially in a 6 different way than they were analyzed here? 7 A When you say initially, 8 you mean in -- 9 Q The first time you 10 submitted them to the BGA. 11 A I'm not aware. 12 Q Does the BGA have a 13 document retention policy for submissions or 14 applications made to it by drug companies? 15 A I do not know 16 specifically; I would hope so. I can tell you 17 from a practical point of view that the BGA is 18 known as a very, very slow regulatory agency and 19 they have a document retention policy which is 20 they can't get to a lot of documents, and so 21 they're retained for a very long period of time 22 before they even open them. What their 23 post-review retention policy is, I don't know. 24 Q Do you know if they have 493 1 a requirement that the drug company maintain 2 documents, like for instance here in the United 3 States, I believe the FDA has a requirement that 4 the drug company maintain the IND or NDA documents 5 for Prozac for a period of time, if not forever. 6 Is there a similar regulation in the BGA as far as 7 you know? 8 A I'm not sure. 9 Q Do you know if Lilly has 10 maintained a file similar to the IND or NDA files 11 they have here on the BGA submission? 12 A There is no similar 13 process in Germany; there is nothing that could be 14 akin to an IND in Germany, and there is no 15 submission to an NDA like there is here. So I can 16 guarantee that there is nothing like an IND that 17 would be present. 18 Q I'm interested in -- 19 obviously, some submission had to be made to the 20 BGA, correct? 21 A Yes. 22 Q I believe you called it 23 generally a dossier? 24 A Yes. 494 1 Q Is there a requirement by 2 the BGA, to your knowledge, that the documents 3 submitted to the BGA, as part of the dossier, be 4 maintained by the drug company for any period of 5 time? 6 A I'm not sure whether 7 there is or there isn't, I'm just not aware of 8 what their requirements are. 9 Q How about Lilly, do they 10 have a policy to maintain those documents? 11 A Lilly has a document 12 retention policy worldwide. I'm not familiar with 13 the specifics of how it's applied in Germany, but 14 we have one that goes through every Lilly 15 facility. 16 Q Have you ever seen a 17 grouping of documents that you know to be the 18 documents that have been submitted to the BGA over 19 the years in support of the Prozac application? 20 A No, I would not have seen 21 that. 22 Q Do you know if one 23 exists? 24 A No. 495 1 Q No, you don't know, or 2 no, one does not exist? 3 A No, I don't know. 4 Q Have you ever seen the 5 two-volume report submitted to the BGA by Lilly in 6 response to the initial letter the BGA wrote to 7 Lilly setting out questions regarding the 8 application? 9 A No, and again I believe 10 that, as we discussed earlier, it's most likely 11 that that was written in German and it would have 12 been a waste of people's times and effort to ask 13 me to look at it. 14 Q Well, Earleen Ashbrook 15 testified in her deposition that she saw a 16 two-volume submission made to the BGA from 17 Indianapolis, I believe, put together here in 18 Indianapolis, that was sent to the BGA in response 19 to questions asked by the BGA in 1984. 20 A I'll accept that, but I 21 certainly did not see it. 22 Q Does Lilly use the 23 Co-Start dictionary or the WHO-ART dictionary 24 outside of the United States? 496 1 A It uses a modification of 2 the Co-Start dictionary. 3 Q A modification? 4 A Which is called ELECT, 5 Eli Lilly Event Classification Terms, which is, in 6 essence, the Co-Start dictionary. 7 Q It's still used as ELECT 8 outside the US? 9 A It certainly was until 10 the last two or three years. There had been -- we 11 also investigated very carefully the WHO 12 dictionary, and I believe that there has been -- 13 there have been some changes in which dictionary 14 is being used for worldwide, but again, I have not 15 been involved in any of that. 16 Q Are you aware that now in 17 the United States Lilly uses the Co-Start 18 dictionary and not the ELECT dictionary? 19 A No, I'm not aware of 20 that, but it doesn't surprise me. 21 Q Is it your recollection 22 that the ELECT dictionary is still being used 23 outside the United States? 24 A I have no knowledge 497 1 whether it is or is not. 2 Q Are you familiar with the 3 Co-Start dictionary personally? 4 A Not with every term, no; 5 I'm familiar with the concept. 6 Q Have you seen a Co-Start 7 dictionary? 8 A I may have at one time. 9 Q Are you aware that the 10 Co-Start dictionary sets out terms that are set 11 out in the WHO-ART dictionary and compared to the 12 terms used in the Co-Start dictionary, for 13 instance whatever the WHO-ART dictionary's term 14 for suicide would be would be set out in the 15 Co-Start dictionary? 16 A I'm not familiar with it. 17 Q When did you first become 18 familiar with the DEU reporting practices? 19 A I first became familiar 20 with the fact that Lilly had put in a system for 21 drug event monitoring when I came here in 1983. 22 Q Okay, do you know when 23 they put that system in? 24 A I believe it was started 498 1 sometime shortly in advance of my coming here. 2 Q Is the Co-Start 3 dictionary used for all drugs across the board in 4 reporting? 5 A I would assume so, but 6 again, I have no specific knowledge. 7 Q To your knowledge, it's 8 not the source that's used just for 9 antidepressants, for instance? 10 A I was not aware of that, 11 no. 12 Q How about the ELECT 13 dictionary, is that used just for antidepressants 14 or is that used across the board for all drugs 15 being developed and manufactured by Lilly? 16 A My impression is that it 17 was used for all drugs. 18 MS. ZETTLER: That's all 19 I have, thanks. 20 MR. FREEMAN: We would 21 like to make an objection on the privileged ground 22 to Weinstein Exhibit No. 35 in that it is a letter 23 to a lawyer in Germany seeking legal advice on a 24 variety of subjects. 499 1 MR. MYERS: In the 2 disclosure of the document, it's inadvertent, we 3 don't waive the privilege on any of the matters 4 set forth, and in fact, what I would ask is that 5 the two pages of the exhibit that constitute the 6 letter to the lawyer be removed from the exhibit 7 and that those pages be returned to us by 8 plaintiff's counsel. 9 MS. ZETTLER: Absolutely 10 not, sorry; you disclosed it, you waived it. 11 Besides, it's not attorney/client privilege, 12 Larry, it's on regulatory issues that has nothing 13 directly to do with this litigation, because it 14 has nothing to do with anticipation of litigation. 15 MR. MYERS: Just so it's 16 clear, any document that seeks any legal advice, 17 whether it has to do with this litigation or not, 18 can be a privileged document. 19 MS. ZETTLER: No, it's a 20 possibility that it could be, but it in this 21 case -- 22 MR. FREEMAN: Let's don't 23 argue it, let's just get a ruling on it. 24 (WITNESS EXCUSED.) 500 1 STATE OF KENTUCKY ) ) SS. 2 COUNTY OF JEFFERSON ) 3 I, MARY KATHLEEN NOLD, a Notary Public within 4 and for the State at Large aforesaid, do hereby 5 certify that the foregoing is a true, correct and 6 complete transcript of the deposition of ALLAN J. 7 WEINSTEIN, MD, taken at the time and place and for 8 the purpose set out in the caption hereof; that 9 the witness was duly sworn before giving said 10 deposition; that the said deposition was taken 11 down by me in stenotype and afterwards transcribed 12 on a computer under my direction; that the 13 appearances were as set out in the caption hereof; 14 and that a request was made by counsel that the 15 deposition be submitted to the witness for reading 16 and signature. 17 GIVEN my hand as notary aforesaid, this 18 __________ day of ___________________, 1994. 19 My commission expires March 10, 1998. 20 21 22 _______________________________________ MARY KATHLEEN NOLD 23 COURT REPORTER AND NOTARY PUBLIC STATE OF KENTUCKY AT LARGE 24 501 1 STATE OF___________________) ) SS: 2 COUNTY OF__________________) 3 I, ALLAN J. WEINSTEIN, MD, do hereby certify 4 that I have read the foregoing deposition given by 5 me on June 29 and 30, 1994, and that the answers 6 contained therein are true and correct to the best 7 of my knowledge and belief. 8 9 10 ______________________________ ALLAN J. WEINSTEIN, MD 11 12 13 ______________________________ (DATE) 14 15 16 Subscribed and sworn to before me this day by 17 ALLAN J. WEINSTEIN, MD. 18 My commission expires______________________. 19 20 ___________________________________ 21 NOTARY PUBLIC 22 23 ______________________________ 24 502 1 STATE OF____________________) ) SS: 2 COUNTY OF___________________) 3 I, ALLAN J. WEINSTEIN, MD, do here certify that 4 I have read the foregoing deposition given by me 5 on June 29 and 30, 1994, and that the answers 6 contained therein are true and correct to the best 7 of my knowledge and belief, with the following 8 corrections: 9 PAGE/LINE CORRECTION REASON FOR CORRECTION 10 __________________________________________________ 11 __________________________________________________ 12 __________________________________________________ 13 __________________________________________________ 14 __________________________________________________ 15 _________________________________ ALLAN J. WEINSTEIN, MD 16 _______________________________ (DATE) 17 18 19 Subscribed and sworn to before me this day by 20 ALLAN J. WEINSTEIN, MD. 21 My commission expires_____________________. 22 ________________________________ NOTARY PUBLIC 23 24 ________________________________ 503