'Data Mining' For Drug Companies Goes To Courts

The data mining companies are set to appear Tuesday at the 2nd U.S. Circuit Court of Appeals in New York to ask a three-judge panel to block Vermont's law from taking effect July 1.

And the U.S. Supreme Court is expected to decide by the end of the month whether to hear the data-mining companies' appeal of the Boston court's decision on the New Hampshire law. The Boston court has put a separate Maine case on hold until New Hampshire's is resolved.

The issue has come up in more than 20 state legislatures, advocates on both sides said.

Randy Frankel, vice president for external affairs at IMS Health, said restricting the ability of his and similar companies to collect doctors' prescribing data could hurt more than just commercial activity.

The data also are used to help law enforcement track when narcotic drug prescriptions spike; they help academic and government researchers follow drug safety and help aim information at doctors prescribing a drug when new side effects or other issues crop up, Frankel said.

"These data have enormous value to the public good," he said.