Claims Against Eli Lilly Survive Dismissal in La. Prozac Birth Defect Case

LAFAYETTE, La. — A Louisiana federal judge has adopted a magistrate judge’s finding that failure-to-warn and non-failure-to warn claims asserted against Eli Lilly & Co. (NYSE: LLY) in a Prozac birth defect case are adequately pled at this stage of the litigation.

On Aug. 13, Judge Rebecca F. Doherty of the U.S. District Court for the Western District of Louisiana concluded that the allegations have notified Lilly of the grounds on which the claims are based.

Jeannine Bertrand sued the drug maker in April 2012, alleging her use of Prozac during her pregnancy caused serious birth defects in her third …