Learned Intermediary Doctrine Does Not Bar Zyprexa Claims, Judge Rules

NEW YORK - The learned intermediary doctrine does not bar Zyprexa injury claims because there is a question of fact as to whether the prescribing doctor was influenced by a pharmaceutical sales representative's assertions that there is no link between the anti-depressant and diabetes, a New York federal judge has ruled. Harvard v. Eli Lilly & Co., Nos. 04-MD-1596, 06-CV-5335 (E.D. N.Y.).

On Aug. 16, Senior Judge Jack B. Weinstein denied Eli Lilly & Co.'s motion for summary judgment.

Adrienne Harvard sued Lilly in the U.S. District Court for the Eastern District of New Jersey in 2006, alleging that her …