8th Cir. Affirms Summary Judgment for Eli Lilly in Zyprexa Injury Case

ST. LOUIS — A trial court properly granted Eli Lilly & Co. summary judgment in a Zyprexa injury suit because the plaintiff failed to provide sufficient scientific support for his assertion that 15 percent of the drug’s users will develop tardive dyskinesia after three years of use, a federal appeals court has ruled.

On March 10, the 8th Circuit U.S. Court of Appeals further found the trial court properly applied the learned intermediary doctrine in dismissing the plaintiff’s failure-to-warn claim because the plaintiff’s doctors testified that a different warning would not have altered their decision to prescribe Zyprexa.

Timothy Boehm …