Prescribing Doctor Knew of Zyprexa's Risks, Federal Judge Rules

NEW YORK - A federal judge has granted Eli Lilly & Co. summary judgment on claims that it failed to adequately warn of the risks associated with Zyprexa, ruling that the prescribing doctor was well aware of the drug's possible side-effects. McClamrock v. Eli Lilly & Co., Nos. 04-MD-1596 and 04-CV-1613 (E.D. N.Y.).

On Oct. 18, Senior Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York determined that North Carolina's learned intermediary doctrine bars the plaintiff's suit.

In January 1998, Barry McClamrock was prescribed Zyprexa by Dr. Warren Williams after being diagnosed with …