Louisiana Judge Dismisses Failure-To-Warn Claims Against Eli Lilly

NEW ORLEANS - A Louisiana federal judge has ruled that the learned intermediary doctrine defeats a failure-to-warn claim brought by the family of a man who killed himself after taking Eli Lilly's Cymbalta. Lesley Eschete, et al. v. Eli Lilly & Co., No. 2:06-02835 (E.D. La.).

Judge Kurt D. Engelhardt of the U.S. District Court for the Eastern District of Louisiana granted Eli Lilly's motion for partial summary judgment on April 29. On May 9, the judge dismissed with prejudice the plaintiffs' claims against Eli Lilly.

In November 2004, Justin Eschete checked into the River Oaks Hospital for a five-day …