Learned Intermediary Doctrine Defeats Zyprexa Claims, Court Affirms

NEW YORK - The learned intermediary doctrine defeats a plaintiff's claims that Eli Lilly failed to warn physicians of the diabetes risk posed by Zyprexa, the 2nd Circuit U.S. Court of Appeals has affirmed. Dean v. Eli Lilly & Co., No. 09-3723 (2nd Cir.).

The appellate court also agreed with the trial court that the doctors' decision to prescribe Zyprexa was not affected by Lilly's alleged overpromotion of the drug.

In 2007, Dwight Dean sued Lilly in the U.S. District Court for the Southern District of Florida, alleging that Zyprexa caused his diabetes and that the manufacturer failed to warn …