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Lilly to appeal $450M ruling over poisoned workers in Brazil

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Eli Lilly and Co. plans to appeal a ruling from a judge in Brazil that fined the pharmaceutical giant and an Italian firm $450 million for poisoning workers at a manufacturing plant in the South American country.

Brazilian federal prosecutors announced the verdict on Friday. They had accused a Lilly subsidiary of incinerating toxic waste from third parties, releasing heavy metals and gases that poisoned some of the 500 workers at the plant in Cosmopolis, according to Reuters.

The ruling followed a 2008 lawsuit against Lilly and Antibioticos do Brasil Ltda, a unit of Italy's ACS Dobfar, which now owns the site. Prosecutors said 77 of 80 former workers tested for the initial filing presented evidence of poisoning.

Lilly officials strongly objected to the judge’s verdict.

"Safety of our employees around the world is paramount," said Michael J. Harrington, senior vice president and general counsel for Lilly, in a statement released Friday.  "In this case, there is absolutely no basis for the court's decision that employees were harmed based on extensive scientific and medical assessments conducted by third-party health experts, as well as by Lilly.

"For that reason, we strongly disagree with the court's ruling and will appeal this decision."

The alleged contaminants—benzene and heavy metals—were never used in the manufacturing operations at the facility, according to the company. It also claimed the published ruling was based on inaccurate scientific claims and mathematical errors.

Lilly operated the manufacturing plant from 1977 to 2003, according to the company. Cosmopolis is about 90 miles north of San Paulo, Brazil.

Lilly spokeswoman Amy Souza said Monday that the firm still was scrutinizing the ruling, which was issued in Portuguese, to get a better sense of how it specifically applied to the company.

As part of the recent ruling, Judge Antonia Rita Bonardo prohibited operations at the plant for a year due to the environmental impact, according to Reuters.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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