Learned Intermediary Doctrine Defeats Failure-To-Warn Claims in Cymbalta Case, S.C. Judge Rules
December 17, 2013
DOCUMENTS
- Order
ROCK HILL, S.C. — The learned intermediary doctrine defeats claims that Eli Lilly & Co. (NYSE: LLY) failed to adequately warn of the withdrawal risks associated with its antidepressant drug Cymbalta, a South Carolina federal judge has ruled.
On Dec. 16, Senior Judge Cameron M. Currie of the U.S. District Court for the District of South Carolina found that according to the testimony presented, the plaintiff’s doctors would have prescribed Cymbalta even if they received a stronger warning.
During his military service in Iraq, Clayton “Scott” Carnes suffered significant spinal cord injury as a result of a helicopter crash. …
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