CareToLive attorney, Kerry M. Donahue, filed a motion on Monday, October 26, 2009, in the Sixth Circuit Court of the United States, asking the Court to allow leave to supplement the FOIA appeal record with previous documents, numbers 3, 20 and 29 from Southern District of Ohio case no. 07-729 CareToLive vs. von Eschenbach.

CareToLive was concerned about the possible destruction of documents by FDA employee Richard Pazdur so we filed a motion to preserve documents (document 3). Upon Pazdur’s discovery that the documents were being sought, he deleted the documents.

The Court denied that motion but verbally instructed FDA counsel to instruct its clients not to destroy any documents involved in pending litigation. Well that client did indeed destroy the documents and the lower Court denied the request by Appellant to obtain the date of the computer deletion of the records by the FDA.

Richard Pazdur of the FDA possessed said documents, both hard copies and electronically on his FDA computer. The affidavit from Richard Pazdur further indicates that the documents are now unavailable because the electronic copies were deleted and the hard copies were shredded, by him.

Kerry also writes in the motion for CareToLive, available here Motion To Supplement, that despite the lack of any reasonable search for the documents by Appellee and despite the lower Courts repeated refusal to allow discovery on the issue and without the lower Court even allowing Appellant the full opportunity to be heard, the District Court denied the Civil Rule 56(f) motion of Appellant and declined to allow even minimal discovery and a full response to Defendant-Appellee’s motion for Summary Judgment, which would have been appropriate based on the particular facts of this case.

These three documents, numbers 3, 20 and 29, are very important to the brief and oral arguments to be presented to this Court. Let’s hope the Sixth Circuit Court agrees and we can get to the real reason why Richard Pazdur stopped a safe, non-toxic treatment that extends survival from reaching men who were dying and had no other treatment options. Check back here as we will report on this case as it moves through the Court of Appeals.

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Tags: Andrew Von Eschenbach, Dendreon, FDA, Michael Milken, Prostate Cancer, provenge, Richard Pazdur

This entry was posted on Monday, October 26th, 2009 at 5:42 pm and is filed under The Cause. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.