Learned Intermediary Doctrine Defeats Failure-To-Warn Claims

NEW YORK - The learned intermediary doctrine defeats claims that Eli Lilly & Co. inadequately warned doctors that Zyprexa could cause diabetes, a New York federal judge has ruled. Treuchel v. Eli Lilly & Co., Nos. 04-MD-1596, 08-CV-01176 (E.D. N.Y.).

In an order filed Jan. 4, Senior District Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York ruled that the plaintiff failed to present evidence that a different warning would have altered his doctor's decision to prescribe the drug.

According to the court, Robert Treuchel suffered from serious mental illness since he was …