Zyprexa Suit Defeated by Learned Intermediary Doctrine, Judge Rules

NEW YORK - The learned intermediary doctrine defeats failure-to-warn claims levied against Eli Lilly & Co. in a Zyprexa injury case, a New York federal judge has ruled, finding that Lilly's 2003 label change and 2004 'Dear Doctor' letter fulfilled its duty to warn. Waheed v. Eli Lilly & Co., Nos. 04-MD-1596, 11-CV-693 (E.D. N.Y.).

On Oct. 18, Senior Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of Pennsylvania concluded that Lilly was not the proximate cause of the patient's injuries because it adequately informed his psychiatrist of Zyprexa's risks.

Ali B. Waheed, 29, …