Learned Intermediary Doctrine Defeats Zyprexa Failure-To-Warn Claims, Judge Rules

NEW YORK - The learned intermediary doctrine bars claims that Eli Lilly & Co. failed to warn of a possible link between diabetes and Zyprexa because there is no evidence that the plaintiff's doctor would have altered his decision to prescribe the drug had a different warning been given, a federal judge has ruled. Greaves v. Eli Lilly & Co., Nos. 04-MD-1596, 09-CV-4970 (E.D. N.Y.).

On Nov. 4, Senior Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York determined that "given the circumstances of this case, and the notoriety of the Zyprexa litigation …