Learned Intermediary Doctrine Defeats Zyprexa Claims

NEW YORK -The learned intermediary doctrine bars claims that Eli Lilly & Co.'s Zyprexa caused a man to develop diabetes because he failed to present evidence that his doctors would have altered their prescription decisions had the warning been different, a New York federal judge has ruled. Blume v. Eli Lilly & Co., No. 04-1596 (E.D. N.Y.).

Senior Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York granted Lilly's motion for summary judgment on Oct. 20.

John Blume, a California resident, was first administered Zyprexa in January 1999 after being admitted to Kaiser …