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

NEW YORK – The learned intermediary doctrine defeats claims that Eli Lilly & Co. (NYSE: LLY) failed to adequately warn that Zyprexa could cause diabetes because the prescribing doctors were aware of the antidepressant's risks, a federal appeals court has affirmed.

On Nov. 29, the 2nd Circuit U.S. Court of Appeals found the plaintiff failed to contradict evidence that his doctors believed Zyprexa’s benefits outweighed its risks.

In January 1998, Barry McClamrock was prescribed Zyprexa by Dr. Warren Williams after being diagnosed with schizoaffective disorder, bipolar type. One week later, Dr. Williams discontinued plaintiff's Zyprexa prescription, but continued his …