Learned Intermediary Doctrine Defeats Zyprexa Injury Claims

BROOKLYN, N.Y. - The learned intermediary doctrine defeats a plaintiff's claims that Eli Lilly failed to warn physicians of the diabetes risk posed by Zyprexa, a New York federal judge has ruled in granting the drug manufacturer's motion for summary judgment. Dean v. Eli Lilly & Co., Nos. 04-MD-1596, 07-CV-4505 (E.D. N.Y.).

On July 8, Senior Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York further ruled that the doctors' decision to prescribe the antipsychotic was not affected by Lilly's alleged overpromotion of the drug.

Dwight Dean sued Lilly in September 2007 in …