Lilly Denied Summary Judgment in Zyprexa Diabetes Action

NEW YORK - In a Zyprexa injury action, a New York federal judge has denied Eli Lilly summary judgment on claims that it failed properly warn physicians that the drug could cause weight gain and diabetes. In re Zyprexa Products Liability Litigation, Nos. 04-MD-1596 and 07-3912 (E.D. N.Y.).

Senior Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York ruled that an issue of fact exists as to whether the prescribing doctor was aware of the nature and scope of Zyprexa's metabolic risks. The judge also denied Lilly's motion to exclude plaintiff's expert witness, …