STORY FROM: Drugs & Medical Devices

Claims of 19 Plaintiffs Severed in Indiana Cymbalta Withdrawal Action

INDIANAPOLIS — An Indiana federal judge has severed the claims of 19 plaintiffs in a Cymbalta withdrawal action, ruling that they do not arise from the same transaction or occurrence because they are “highly individualized” and likely will turn on whether each plaintiff’s doctor conveyed the warnings to their patient.

However, in an Oct. 19 order, Judge Jane Magnus-Stinson of the U.S. District Court for the Southern District of Indiana further ruled that transfer of the claims to plaintiff’s home districts — as urged by defendant Eli Lilly & Company — is not appropriate at this time.

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Baum Hedlund Aristei & Goldman
Covington & Burling
Ice Miller

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