Zyprexa Injury Claims Time Barred, 2nd Circuit Affirms

NEW YORK — A product liability suit filed against Eli Lilly & Co. (NYSE: LLY) in connection with Zyprexa is barred by Virginia’s two-year statute of limitations because the plaintiff’s injuries were diagnosed more than three years before he filed his action, a federal appeals court has affirmed.

On Dec. 10, the 2nd Circuit U.S. Court of Appeals ruled that even if the drug maker intentionally concealed the discovery of the plaintiff’s claims, his action is still time-barred because he could have reasonably discovered the cause of his alleged injuries and filed suit as early as 2001 and no later …