Zyprexa Claims are Time-Barred, 2nd Circuit Affirms

NEW YORK - A lawsuit brought against Eli Lilly & Co. by a woman who claimed her diabetes was caused by Zyprexa is time-barred under California law because she already had diabetes when she was prescribed the drug in 2001, the 2nd Circuit U.S. Court of Appeals has affirmed. Belcher v. Eli Lilly & Co., No. 09-5004 (2nd Cir.).

The appellate court found that the prescribing doctor's knowledge of the link between Zyprexa and increased weight and blood glucose levels caused the statute of limitations to begin to run in October 2001.

Tynesha Belcher was diagnosed with schizophrenia, mild mental …