Zyprexa MDL Judge Says Plaintiffs' Claims Aren't Preempted

NEW YORK - On his way toward denying summary judgment in three of four Zyprexa cases slated for trial in July, a federal judge has ruled that the plaintiffs' state law failure- to-warn claims are not preempted by the FDA's final rule regarding pharmaceutical drug labeling. In re: Zyprexa Products Liability Litigation, No. 04-MD-1596 (E.D. N.Y.).

Judge Jack B. Weinstein issued the 100-page opinion on June 11, one month before the scheduled trial of four Zyprexa plaintiffs who are not among the thousands that have already settled their claims with manufacturer Eli Lilly. The plaintiffs allege that they either developed …