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lem
When Lovaza is typed in Good Rx they redirect to generic omega 3 ethyl esters which at a dose of 2g BID (4 caps/day) amounts to some $35 and change at CVS with their voucher:
https://www.goodrx.com/omega-3-acid-ethyl-esters
Lem
What they actually do is force the physician to relent under the weight of the financial threat to the patient for following their doctor's advice. Many prescribers who are busy and overburdened cannot afford the time or energy to fight all these rejected prescriptions/extensive pre-auth shenanigans/bureaucracy and allow de facto this substitution even if it is therapeutically adverse. Ask Ralphey, he will tell you the same.
HK
Zman,
What insurers are doing nowadays goes way past changing medications that the physician prescribes to suit their financial convenience. They are vicariously and surreptitiously redefining HOW medicine is to be practised in the USA. If the American public does not resist this machination, they will have their physicians cow-towing to the insurer's idea of best practice, and completely ignoring the patients best interest which is supposedly the physicians only interest.
HK
Lovaza needs firing
Zman,
Amazing United Health like the vast majority of third party insurers put cost over all else including their subscribers well being. Apparently, JELIS and REDUCE-IT did nothing positive for them and STRENGTH VITAL and OMEMI didn't dissuade them from using the generic EPA/DHA combination omega 3 ethyl esters. Notice how they put the drug under cholesterol and lipid-lowering, not CV risk reduction. In the United Health world the only purpose of omega 3's is to fix the elevated TG value and to prevent pancreatitis 12 weeks at a time.
There is a malignant genius at work here.
HK
Bhatt's analysis was ex post facto after the Judge Du bench order.
However, the statistical error is of a rather obvious kind that ANY POSA that bothered to look could have discerned. Toth pointed it out parenthetically in his expert testimony regarding Mori but it was never acted upon or explained by either party leave alone the Amrn attorneys and other expert witnesses.
I haven't seen one logical argument from your pen yet
Raf
You are not slow. The long line of NS describing the p-value at the end is there both in the Hikma post-trial FOF and bench order--it is the smoking gun. It is the legend below that, which is missing in action. Because WITH the legend in place Heinecke's narrative falls apart. Heinecke cannot statistically claim by any leap of the statistical imagination that there is any difference between EPA and EPA-Estrogen on ApoB when every intergroup comparison at every timepoint says NS (non-significant). The maneuvre of saying that the ApoB changes for each group can be compared by looking at the individual group p values is statistically invalid and every statistical expert POSA from any bonafide university will tell you the same. The problem here is the judge would have realized that something is terribly wrong with this statistical logic IF she had the benefit of the legend--because the missing table legend makes it explicitly clear that there was no difference whatsoever between the two groups in their effects on ApoB when compared directly and not by using a bogus comparison of p values. There is NO way Heinecke or Hikma can argue otherwise scientifically--which is why they want our rule 60 thrown out on any legal technicality. The Rosetta stone here is the missing table legend. In fact, the Kurabayashi authors themselves said there was no difference in ApoB effects between the two groups citing the same NS statistical comparison. Heinecke deliberately warped science and changed the statistical rules to suit Hikma's legal convenience. He said the presence of statistically significant change in values in one group and the absence of a statistically change in another group could be used to impute a difference between the two without directly comparing the two. This is an absolute statistical and scientific faux pas. Our expert Dr Jarvis says so explicitly. Three experts from Harvard and Duke corroborate what a first-year university science student could also tell you...This is the mistake, everyone on this board should understand it--it is central to everything. Fraud, I will let you the reader, or Judge Du decide. The science at least is not at all as murky as the law.
HK
Look at:
https://investorshub.advfn.com/uimage/uploads/2021/3/24/jxnyvptFoF_vs_DU.png
Alm
Both were submitted on the same day.
Amarin submitted no table as it did not feature in their objection to Kurabayashi which centered on the fact that the TG levels in Kurabayashi were near normal vis a vis their arguments regarding LDL rise with EPA vs DHA in the severely hypertriglyceridemic population...
HK
https://investorshub.advfn.com/uimage/uploads/2021/3/24/jxnyvptFoF_vs_DU.png
True true Postes
So many things that are worthwhile appear elusive even delusional.
They still remain worthwhile.
Doesn’t the story go like this?
Alexander the great to Diogenes: "If I were not Alexander, I would wish to be Diogenes”
Diogenes to Alexander: "If I were not Diogenes, I would also wish to be Diogenes."
His madness was divine
HK
Postes
There is so much blame to go around : I don’t know where to start.
But one immutable fact remains: a mistake of monumental proportions was made and allowed to falsely negate valid intellectual property. Who will correct this? Who will answer for this?
5th Amendment “No person shall be... deprived of life, liberty, or property, without due process of law”
HinduKush
Sometime disgruntled stockholder and part time conspiracy theorist.
Full time seeker of the truth
The failure of reasoning was universal Tal- the court, snd both parties in the litigation.
It is beyond pathetic
Great thought marzan
As the lawyers like to say but we truly believe: we pray for relief.
HK
Mistake negligence and Fraud
(1) There was a clear Mistake
(2) Not exposing or correcting it is Negligence (whoever committed the mistake-attorneys, judge, us etc..)
(3) If the mistake was deliberately engineered to deceive it was Fraud, let the learned judge decide.
I do agree with you about one thing.
This is not about emotive word slinging and should not be. It IS about demonstrating to the court that fatal mistake and avoidable error occurred and should be corrected. If the court decides that the mistake was engineered for an ulterior purpose by whichever party, that is for the court to adjudicate and act on.
Proving mistake is very much easier than proving fraud.
Zip
It happened after the trial in the post trial findings of fact--see my other posts
HK
Lem
That is correct. The Heinecke statistical narrative was in the pre-trial findings of fact and in his written rebuttal of other expert testimony BUT the table magically appears beside that bogus Heinecke statistical narrative in the post-trial findings of fact. It serves to corroborate and further push the reader into accepting the false statistical narrative that Heinecke has pushed unchecked all along, while cleverly concealing the meaning of the long line of "NS" at the bottom of the table. Never during the trial which was spent arguing the relevance of the prior art in determining differential LDL effects of EPA and DHA and TG criteria for EPA action, was their a cross-examination of Heinecke about his actual statistical and evidentiary conclusions re Mori and Kurabayashi. It's called losing the wood for the trees.
https://investorshub.advfn.com/uimage/uploads/2021/3/24/qfmwqAMARIN_ASSERTION_PTFoF_REGARDING_KURABAYASHI.png
A month later a couple of copy/pastes later it's in the bench order. The whole trial and any rebuttal that Amrn did in their post-trial findings of fact was focused on the LDL issues and TG relevance of Mori Hayashi Kurabayashi etc. They did specifically object to (specifically Toth) in principle to the entire statistical construct to analyze Mori including the lack of comparison between EPA and DHA. This was exactly the same fatal statistical omission that Heinecke enacted to get the "right" outcome to suit the Hickma narrative that Judge Du bought inadvertently for lack of scientific expert opposition by Amrn. There is a clear thread in the Hickma deception that anyone with basic statistical knowledge and a modicum of insight can see when the evidence is lined up. This is why we are being tarred and spat on ad hominem (marjac) railed on as conspiracy theorists, fish oil haters, and finally being attacked as lacking the standing to intervene. This is what you do when you don't want the truth to be told in public in court. Let us pray that justice cries out loudly for intervention in Judge Du's mind and heart. To allow this vital evidence to be discarded on a technicality by the Nevada court would be truly an abdication of due process, in short, a tragedy not just for us, but for the judicial process especially considering the evidence we have provided but not less than four eminent POSA's including a peer reviewed published paper inNature that attests clearly to the fact that we are neither frivolous nor spouting BS (only NS)
HK
Judge Du is not the issue, marjac is not the issue EPADI is relevant only in that we are not "disgruntled stockholders" with an axe to grind or a frivolous lawsuit for amusement, etc.., but we ARE the only people still with the ability to correct a tremendous mistake.
The exceptional circumstance if we step back and look at it with dispassionate eyes is this: vital patents and market share were eradicated for a drug that could have expanded and saved many lives in a short space of time merely because defendants and their experts were able to sell erroneous science fiction to claim obviousness to try (without a reasonable expectation of success) because they were able to create an entirely false scientific analysis leading to an erroneous construct of obviousness, where there was none and then cover their tracks and modify the truth by cropping out vital information from ta key evidentiary table. These fatal errors in science lead to equally fatal assumptions of obviousness where there was none. So much so that the judge exactly copied and adopted the Hikma/Heinecke science handed her on a plate without question (Amrn didn't point it out, so she perhaps understandably assumed the science was kosher). Is there a greater issue of import, in fact way more important than the stock price, than a judge being deliberately or mistakenly misled and completely bamboozled into wrong judgement by such a sleight of hand? It doesn't matter who has the standing to point it out--somewhere in her heart Judge Du knows she was utterly had by these snake charmers Hikma et al.
Hopefully, Judge Du will say on target and have the courage to resist Hikma's smoke and mirrors about marjac, the fish oil kerfuffle or anything else, in order to not have to actually defend the issue at hand--what they DID.
HK
Thank you for your belief cruyff
Wise counsel
Raf
Postes
They are playing for time and avoiding the issues because they don’t have any plausible explanations. As for Heinecke being a fraud follow the evidence to your own conclusions Judge. No one needs to believe EPADI II just read the evidence and contrast it with the scientific rebuttal when they get around to one. Heinecke’s cooking one up as I write this... Marjac and EPADI II are not the issue here- mistake and fraud are.
Apparently we are all disgruntled investors who have nothing better to do than wait one year to dump a last minute frivolous lawsuit on the defendants. We apparently spent months of painstaking scientific research and obtained experts just to make a frivolous point because we stockholders (who they contend have no legitimate interest!?) have nothing better to do than launch,frivolous allegations.
What conspiracy are we party to exactly Hickma? The eternal conspiracy to tell the Truth?
Oh and shock revelation Marjac objected to the casual use of fish oil which actually is a pet sensitivity of everyone on this board because we are sick of people who don't understand the differences between the different omega 3's calling everything "fish oil" which as we know from our scholar friend Nissen is "stunningly neutral" if not possibly bad for us.
Lets see some rebuttal of the statistical and other major issues please?
Let me see:
GOVERNMENT HEALTH WARNING:
"NOT TO BE SOLD TO ANYONE HOPING TO PREVENT A HEART ATTACK, A STROKE OR DEATH. YOU MAY END UP SHIT OUT OF LUCK"
Great post Ralphey --very thought provoking indeed.
Immediately, we see that there are those who point to a "negative" enablement by cigarette or opioid manufacturers as being potentially different from an off label use of a drug for a legitimate medical reason. In my mind there is no difference. That a drug exists for societal benefit results directly from intellectual patent protection and its motivating consequences over the preceding decades. To raid the intellectual property of others for profit, using a legalized takings scheme in which you are ostensibly distanced but enabling to the utmost degree, is reprehensible. Clearly doesn't pass the dipstick test of credibility or responsibility especially when you remember that the overwhelming part of sales is clearly and demonstrably for off label use. Denying culpability for usage after sale after selling in quantities unjustified by the legally available market is an easy cop out. "I am just the supplier" in this case is untenable IMO.
On the other issue if Justice was just about "due process", we are in a sad place. Because due process appears to be variable feast in our courts nowadays. OTOH, due process is our last enduring constitutionally guaranteed fail safe device before deprivation of life liberty or property according to the Fifth Amendment. It remains our best attempt at arriving at the Truth or acting prematurely before discovering it.
The Law like Religion must at least aspire to Truth.
OTW veritas cannot vincit omnia.
I for one am for:
veritas, probitas, iustitia
truth, honesty, justice
HK
Good point
well taken
Kiwi thx
Well put Ralphey
Marjac is as tenacious with the Law as his dogs are with his trouser legs
Vive Marjac!
HK
Well said and summarized Meowza
HK
I must admit this is embarrassingly bad
HK
sts
Not only did the learned judge wander way, way off the reservation into No Man's land --the tribal elders at CAFC smoked their bong and ignored the chaos caused by her judgement.
HK
We will have to agree to disagree
Understanding Daubert
LTRO
Bouf
I respect your opinion but differ. I am in no way antagonistic to you but seek only to differ with your opinion as stated and perhaps misunderstood at least by me.
Well said Marjac
Thanks v much Ralphey
I believe the mineral oil issue is really a non starter. I did suggest that if they want to prove it categorically, they do a randomization of mineral oil vs. corn oil on a CAD population using CT angiography with CT PLAQUE volume/ characteristic end points (like EVAPORATE) over 12 months and see if there is a difference , after all if mineral oil made the difference evaporate in reduce- it we should be able to see a clear difference: easier than re-running reduce- it with a corn oil placebo. I am sure there will be zero interest except from Curfman and Nissen.
It might shut them up though?
HK
Maybe sts,
But those who are quick to decry statistics are usually the ones who fail to understand them or how to use them
It was only when politicians started quoting statistics that they got a bad name...
Appreciate the background- v interesting
Best
HK
Not much truth or sense ringing out here.
Absolutely right - truth hurts
Thank you for all you have done and more
HK
Kind words Marjac. I know the entire EPADI team wants justice for Amrn shareholders and the stock price to be restored justly. Whatever the outcome, it is important that when one sees justice perverted one should have the strength not just to speak out but act selflessly and recruit good people who believe likewise to act also. I am very proud of the way this board has done precisely that through enormous personal and financial sacrifices. IF we fail there will be some who say I told you so, but we will always sleep better knowing we didn't take it lying down. To do otherwise would be not just un-American, it would be cowardice.
HK