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https://www.reuters.com/article/idUSL4N2K04D0
Judge orders Merck documents on anti-baldness drug Propecia unsealed
Plaintiffs suing Merck alleged that the company did not fully disclose on Propecia’s label the incidence and duration of sexual dysfunction in men who took the drug in clinical trials. As part of an investigation of the impact of court secrecy on public health and safety, Reuters published an article in 2019 that examined the basis for those allegations, but many internal Merck documents that might have shed further light on the case remained under seal.
Sunday night, 16 months after Reuters filed a motion asking that those documents be unsealed, U.S. Magistrate Judge Peggy Kuo in Brooklyn rejected Merck’s position that the public had no right to access its documents filed in court, which the company said contained proprietary information.
Merck’s arguments for keeping the documents sealed, Kuo wrote, “are so weak that they would not overcome even a low presumption of access under the common law.” As of Monday, the documents were still sealed on the court docket, despite Kuo’s decision.