Zyprexa Diabetes Claims are Time-Barred, Judge Rules

NEW YORK - A federal judge has ruled that Zyprexa injury claims are barred by Kansas' two-year statute of limitations because they were filed more than two years after the plaintiff's injury and its claimed relationship to the drug became "reasonably ascertainable." Asbury v. Eli Lilly & Co., Nos. 04-MD-1596, 06-CV-1593 (E.D. N.Y.).

On March 30, Senior Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York granted Eli Lilly & Co. summary judgment on the claims.

William Asbury, a disabled Vietnam veteran, alleged that Zyprexa caused his diabetes and that Lilly failed to …