Learned Intermediary Doctrine Defeats Cymbalta Claims, Judge Rules

PIERRE, S.D. - The learned intermediary doctrine defeats failure-to-warn claims brought in a Cymbalta suicide case because the prescribing doctor testified that he would not have prescribed a different anti-depressant had he been provided with a different warning. Schlif, et ux., v. Eli Lilly & Co., No. 07-4015 (D. S.D.).

On Oct. 13, Judge Lawrence Piersol granted Eli Lilly & Co.'s motion for summary judgment on the claims.

Paul and Cynthia Schilf sued Lilly on behalf of their deceased son, Peter. Dr. Richard Briggs gave Peter samples of Cymbalta to treat his depression on Nov. 26, 2004, and Peter committed …