Zyprexa Suit is Barred by Learned Intermediary Doctrine, Court Affirms

NEW YORK - The learned intermediary doctrine bars claims that Eli Lilly & Co. failed to adequately warn doctors that Zyprexa could cause diabetes, the 2nd Circuit U.S. Court of Appeals has ruled. Head v. Eli Lilly & Co., No. 09-4455 (2nd Cir.).

There is no evidence that had the plaintiff's prescribing physicians received a different warning, they would not have prescribed the drug, the appellate court ruled Oct. 4.

James R. Head, who suffers from bipolar disorder, was consistently treated with Zyprexa from 1997 to 2003. After a brief hiatus, Head resumed treatment with Zyprexa in July 2004 and …