STORY FROM: Drugs & Medical Devices

Eli Lilly Prevails on Inadequate Warning Claims in Nev. Zyprexa Diabetes Action

RENO, Nev. — A Nevada federal judge has awarded Eli Lilly & Co. summary judgment in a Zyprexa action, ruling that the plaintiff failed to proffer sufficient expert testimony supporting his allegations that inadequate warnings accompanying the antipsychotic drug caused him to develop type 2 diabetes.

In a July 30 order, Judge Larry R. Hicks of the U.S. District Court for the District of Nevada further found the plaintiff failed to present evidence that his doctors would have prescribed a different drug had they been presented with an enhanced warning.

John Flowers was incarcerated at the Nevada Department of Corrections ...

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Pepper Hamilton
Snell & Wilmer

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