Zyprexa Action Time-Barred Under N.Y. Law, 2nd Circuit Affirms

NEW YORK — The 2nd Circuit U.S. Court of Appeals has affirmed a New York federal judge's decision to apply Virginia's statute of limitations to a Zyprexa injury claim, rather than the more liberal New York statute, and dismiss the action as time-barred.

In a Nov. 4 order, the court explained that because Virginia's two-year statute of limitations for personal injury actions is shorter than New York's three-year statute of limitations, New York's borrowing statute requires application of Virginia's two-year statute of limitations.

Joseph Dagliano is incarcerated in the Bland Correctional Center in Virginia. He was allegedly prescribed Zyprexa …