Learned Intermediary Doctrine Bars Zyprexa Diabetes Claims

NEW YORK - Claims that Eli Lilly & Co.'s Zyprexa caused a man to develop diabetes are barred by the learned intermediary doctrine because there is no evidence that doctors would have refrained from prescribing the drug had they been given an alternative warning, a New York federal judge has ruled. Neal v. Eli Lilly & Co., No. 04-1596 (E.D. N.Y.).

On June 22, U.S. District Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York granted Lilly's motion for summary judgment and dismissed the action.

Milton Neal, a San Diego resident, sued Lilly …