Breggin testified as an expert witness in the Wesbecker case (Fentress et al., 1994), a lawsuit against Eli Lilly, makers of Prozac. Ultimately, the jury found for Eli Lilly. According to Breggin, this was because the plaintiffs and defendants had secretly settled behind closed doors. The Supreme Court of Kentucky concluded that the Wesbecker trial had been secretly settled by Eli Lilly before going to the jury in return for plaintiffs presenting a weakened case that was bound to lose. Trial Judge Potter was empowered by the Kentucky Supreme Court to change the verdict from a jury verdict in favor of Eli Lilly to "settled with prejudice" by Eli Lilly.