Raplon -- Not Discoverable on Diligence, by Schering-Plough(?). . . .

One note, though -- because the Organon Qui Tam/False Claims Act matter was so tightly-sealed, it is not likely that Schering, or its bankers -- even with pointed inquiries -- could have uncovered that this mess had become civil litigation, and a criminal inquiry, prior to acquiring the Organon businesses. Remember, now, the case was not ordered unsealed until February 2008.

Just for what it's worth. . . .

However. . . . it remains an entirely open question as to whether the 1999 to 2002 Raplon documents -- the FDA submissions, and the related back-up files, for example -- still remained in the permanent file archives at Organon. It would have been customary to have a junior associate (for Schering) walk through each material FDA approval file-jacket, inside Organon's HQ, prior to paying $14.4 billion for it.

The interesting question will be "How much of what Dr. Feldstein alleges was there. . . is still there?"

We will learn, in the coming months, I suspect.