Doctor’s Knowledge of Zyprexa Risks Bars Failure-To-Warn Claims, N.Y. Judge Rules

NEW YORK — A New York federal judge has granted Eli Lilly & Co. summary judgment in a Zyprexa injury case, ruling that the learned intermediary doctrine defeats the plaintiff’s failure-to-warn claims. Young v. Eli Lilly & Co., No. 11-3555 (E.D. N.Y.).

Senior Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York noted that the prescribing doctor testified that he knew of Zyprexa’s risks when he prescribed the drug.

In March 2008, Dr. David Chandran prescribed Zyprexa to James Young to treat his schizophrenia and described the drug’s risks. The drug initially proved …