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liability implausible.

Plaintiff’s lawyers were attending “Baycol

school” to prepare for the actively solicited by mass little to reduce the pools cerivastatin claimants who

expected litigation.

Clients were

media.

Confidentiality

agreements

being would

of plaintiffs’ attorneys, the number were aware of the availability of

do

compensation nor the number agreements provide any edge

of in

future suits. the litigation

Nor would confidentiality by obscuring non-obvious

legal theories of liability or causation. Since cerivastatin were known and appreciated by all, of reducing liability exposure substantially by

the problems with there was little chance insisting on

confidentiality agreements.

37

In contrast, other pharmaceutical defendants confidentiality agreements in lower-profile cases.

have sought Pfizer used

confidential confidential

settlements settlements

in

the

in

the

Feldene litigation and McNeil used Zomax litigation (Weiser, 1988) (Walsh,

1988). Similarly, that resulted from

Xerox used confidentiality agreements to settle the leakage of trichloroethylene, a suspected

suits

carcinogen, into ground water near Webster, NY (Weiser, 1989). these instances, defendants sought to reduce their liability by minimizing publicity. 38

In

because it had “predatory intent”.)

37 The combination of structured interviews and informal economic modeling was methodologically interesting because I could see if the defendant’s reasoning actually resembled the logic of the economic

model.

In other words, did Bayer’s general counsel eschew

confidentiality

agreements

because

this

helped

Bayer

commit

to

a

single

schedule of payments or did it do so for some

unrelated

to

the

informal

economic

model?

In

other reason wholly this case, the assumption

of economic rationality seemed logic of the decisionmakers at model.

generally warranted: I found that the Bayer generally followed that of the

38 In that instance, the secrecy provision prevented cooperation with public health authorities.

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