2nd Circuit Upholds Ruling in Favor of Drug Maker in Zyprexa Death Case

NEW YORK - A federal appeals court has upheld a grant of summary judgment to Eli Lilly & Co. in a Zyprexa wrongful death case, ruling that the plaintiff failed to prove how the antipsychotic proximately caused the decedent's death. Brown v. Eli Lilly & Co., No. 10-512 (2nd Cir.).

On Aug. 18, the 2nd Circuit U.S. Court of Appeals affirmed that the plaintiff's failure to submit a case-specific expert liability report was fatal to his case.

Dorothy Brown took Zyprexa from January 1999 to June 2003. Two years later, she presented at Noxubee General Hospital in Mississippi suffering from …