Plaintiff Failed to Prove Pre-2004 Zyprexa Injuries, 2nd Cir. Affirms

NEW YORK - A federal appeals court has affirmed a grant of summary judgment to Eli Lilly & Co. (NYSE: LLY) in a Zyprexa failure-to-warn case, finding the plaintiff failed to prove his diabetes was caused by Zyprexa before the drug maker warned doctors of the drug’s risks in 2004.

On Sept. 26, the 2nd Circuit U.S. Court of Appeals noted that the plaintiff’s own expert concluded that his diabetes was caused by the Zyprexa he took from 2006 to 2009.

Christopher Shepherd, an Oklahoma resident, sued Lilly in the U.S. District Court for the Eastern District of Oklahoma, alleging …