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POGO's fourth reply to letters from Dr. Schatzberg and Dr. Nemeroff

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December 23, 2010 | By: Scott H. Amey, J.D.

Mr. Stuart C. Clark
Carr Ferrell
120 Constitution Drive
Menlo Park, CA 94025
 
Mr. Lawrence J. Myers
Smith Moore LLP
Atlantic Center Plaza
1180 West Peachtree Street, NW
Suite 2300
Atlanta, GA 30309-3482
 
Dear Mr. Clark and Mr. Myers:
 
Based on your most recent letters to POGO, we modified the NIH letter and blog to reflect that the timeline notes that GSK “would receive” all three drafts of the handbook and page proofs for final approval.
 
POGO will not withdraw the link to the November 29, 2010, New York Times story that is included in the blog post, but we will include the following link to the correction published on December 8, 2010: http://www.nytimes.com/2010/12/08/pageoneplus/corrections.html?_r=1&scp=2&sq=Nemeroff%20&st=cse

POGO also sees no need to post the November 30, 2010, American Psychiatric Association news release entitled “Psychiatric Book Not Ghostwritten.” It is not POGO’s general custom to link to or post every news release, article, statement, or blog related to our work. Despite your attack on our organization, there have been articles that detail financial conflicts of interest on the part of Drs. Schatzberg and Nemeroff which we have not posted.

POGO has documented our allegations, yet you have not provided records to support your denials. Given the seriousness of this issue and the amount of money NIH has paid in grants to Drs. Schatzberg and Nemeroff, POGO requests that you provide us with all records showing that they authored the “PRELIMINARY DRAFT” or that the timeline was amended to prohibit GSK’s involvement in the handbook. Additionally, access to the records listed below would likely clarify the issues further:

  • All contracts or agreements related to the handbook between GlaxoSmithKline (“GSK”), Scientific Therapeutics Information, Inc. (“STI”), and Drs. Nemeroff and Schatzberg.
  • All documents showing the actual terms upon which Drs. Nemeroff and Schatzberg were retained to write the book.
  • All correspondence between Drs. Nemeroff or Schatzberg and Sally K. Laden or Diane M. Coniglio. 
  • All drafts of the handbook, including those, if any, drafted by STI and sent to GSK, and all responses thereto.
  • All drafts of the handbook developed by Drs. Schatzberg or Nemeroff that went to GSK, if any, and all responses thereto.
  • All proofs given to GSK, if any, and all responses thereto.
  • GSK’s marketing plans for the handbook, if any.
  • Progress updates on the handbook by GSK, STI, or Drs. Nemeroff or Schatzberg.
  • All comments, amendments, suggestions, or reviews related to the handbook sent to STI, Sally K. Laden, Diane M. Coniglio, Dr. Nemeroff, or Dr. Schatzberg.
  • All documents GSK generated relating to planning and paying for the proposed book.
  • All communications, including email, related to the handbook to and from Drs. Nemeroff and Schatzberg, and GSK, SmithKline Beecham Pharmaceuticals, SmithKline Beecham, SmithKline Beecham Corp., STI, and the American Psychiatric Press, Inc. (“APPI”).
  • All documents showing payments, reimbursement, royalties, honoraria, the award of stock, or other compensation related to the handbook distributed to or received by Drs. Nemeroff and Schatzberg, from GSK, SmithKline Beecham Pharmaceuticals, SmithKline Beecham, SmithKline Beecham Corp., STI, and APPI.
  • All documents showing payments from GSK to STI.
  • All documents showing legal transfer of ownership of the handbook.
  • All documents, including final dispositions, if any, related to alleged conflicts of interest involving Dr. Schatzberg’s or Dr. Nemeroff’s work on clinical trials or grants sponsored by NIH.
  • All documents related to any action, including reprimands or discipline, if any, taken by the American College of Neuropsychopharmacology against Dr. Nemeroff or Dr. Schatzberg.

Finally, I am licensed to practice law in the State of Maryland and operate as POGO’s general counsel pursuant to Rule 49(c)(6) of the Rules of the District of Columbia Court of Appeals (Revised effective March 20, 2008).
 
Sincerely,


Scott H. Amey
General Counsel

Letters from Dr. Schatzberg 12/19/2010 and Dr. Nemeroff 12/20/2010.

Letters from Dr. Schatzberg 1/3/2011 and Dr. Nemeroff, 1/6/2011.

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