Zyprexa Breach of Warranty Claim Time-Barred, 2nd Cir. Affirms

NEW YORK - A Zyprexa plaintiff’s claim for breach of warranty is time-barred under Alabama law, a federal appeals court has affirmed, finding the statute of limitations was not tolled on the basis of insanity.

On Jan. 25, the 2nd Circuit U.S. Court of Appeals found the plaintiff failed show he was insane at least until Nov. 2, 2003.

At some point before 2000, Reginald Sistrunk, an Alabama resident, was prescribed Zyprexa while being treated in a mental institution. In 2000, he was diagnosed with diabetes and hypertension but continued to take Zyprexa. In April 2005, Sistrunk entered into a …