Ohio Federal Judge Dismisses Byetta Case for Inadequate Pleading

AKRON, Ohio — An Ohio federal judge has dismissed a Byetta injury case against Eli Lilly & Co. (NYSE: LLY), ruling that the statutory claims of fraudulent concealment, fraudulent misrepresentation, negligent misrepresentation and failure to warn do not meet the pleading standards of the Ohio Products Liability Act.

On Dec. 18, Judge John R. Adams of the U.S. District Court for the Northern District of Ohio found the plaintiff failed to refer to the OPLA and its requirements, therefore these claims cannot be defended. Moreover, the claims lack specificity, the judge added.

Willie Harris Jr. sued Lilly as administrator of …