Maine Couple Sues Lilly, Pharmacy Claiming Zyprexa Caused Son's Death

PORTLAND, Maine - A Maine couple is suing Zyprexa manufacturer Eli Lilly and the CVS pharmacy that dispensed the drug claiming that their son's ingestion of the atypical antipsychotic caused him to suffer injuries that led to his death. Danny Tardy and Diane Tardy v. Eli Lilly & Co., et al., No. 04-CV-00011 (D. Maine).

The complaint, which was originally filed in Maine's Superior Court of Cumberland County, was recently removed by Lilly on grounds that CVS is fraudulently joined and that the amount in controversy exceeds the jurisdictional limit of $75,000.

Plaintiffs Danny and Diane Tardy claim that their …