Learned Intermediary Doctrine Defeats Zyprexa Failure-To-Warn Claims, 2nd Cir. Affirms

NEW YORK - The learned intermediary doctrine bars claims that Eli Lilly & Co. (NYSE: LLY) failed to warn of a possible link between diabetes and Zyprexa, a federal appellate court has affirmed, noting there is no evidence that the plaintiff's doctor would have altered his decision to prescribe the drug had a different warning been given.

On Nov. 20, the 2nd Circuit U.S. Court of Appeals agreed that Rhode Island law applies and that under circumstances similar to the ones in this case, the Rhode Island high court would likely adopt the learned intermediary doctrine if faced with the …