N.Y. Judge: Brand Name Manufacturer Not Liable for Generic Drug's Risks

ALBANY, N.Y. - A New York federal judge held that Eli Lilly is not liable for the suicide of a man whose death was allegedly the result of his use of a generic version of the company's Prozac antidepressant. Goldych v. Eli Lilly & Co. No. 5:04-cv-1477 (N.D. N.Y.).

Judge Gary L. Sharpe of the U.S. District Court for the Northern District of New York ruled on July 19 that "a brand name manufacturer cannot be held liable to a plaintiff allegedly injured by another company's generic bioequivalent."

Judge Sharpe adopted the reasoning of two other federal courts which have …