No drugs other than those manufactured by the sponsoring pharmaceutical firms were recommended to customers who received the mailings. CVS contracted with Elensys Care Services, Inc. Their agreement provided that CVS would provide Elensys with information about customer prescriptions, and that Elensys would take extensive precautions to protect the confidentiality of that information. The agreement between Elensys and Wilde also contained strict confidentiality provisions. As part of the PCP, Kelley, who takes the prescription medicine Glucotrol to control diabetes, received a mailing from CVS concerning the dangers of high cholesterol.
High cholesterol is a known risk for diabetes patients.
Merck manufactures the anti-cholesterol prescription drug Zocor. To date, plaintiffs have presented no evidence that Weld received any of the PCP mailings. In February 1998, reports concerning the PCP program first appeared in the press. Plaintiffs filed this action two days later. Defendants CVS, Elensys, Merck and Glaxo moved for summary judgment.