Learned Intermediary Bars Zyprexa Claims, 5th Circuit Affirms

DALLAS - The learned intermediary doctrine bars claims that Zyprexa manufacturer Eli Lilly failed to warn that the drug could cause patients to commit suicide, the 5th Circuit U.S. Court of Appeals has affirmed. Ebel v. Eli Lilly & Co., No. 08-40170 (5th Cir.).

The appellate panel ruled March 30 that plaintiff Beatriz Ebel failed to provide sufficient evidence that the prescribing physician was aware of the risks prior to prescribing the drug.

Philip Wayne Ebel committed suicide after taking Zyprexa for about four months, and a combination of Paxil and Zyprexa for less than a week. In a lawsuit …