Learned Intermediary Doctrine Bars Zyprexa Claims, 2nd Cir. Affirms

NEW YORK — The learned intermediary doctrine bars failure-to-warn claims brought against Eli Lilly & Co. (NYSE: LLY) in a Zyprexa case because the plaintiff failed to present evidence that his psychiatrists would have altered their prescribing decisions had they been provided with a different warning, a federal appeals court has affirmed.

On Sept. 7, the 2nd Circuit U.S. Court of Appeals upheld a grant of summary judgment to the drug maker, noting that each of plaintiff’s doctors continued to prescribe Zyprexa after Lilly sent a “Dear Doctor” letter warning of the drug’s risks.

Arthur McElroy, a Nebraska resident, was …