2nd Circ. Backs Another Lilly Win In Zyprexa Warning MDL

Law360, New York (November 29, 2012, 5:12 PM EST) -- The Second Circuit on Thursday affirmed a victory for Eli Lilly & Co. in a suit in multidistrict litigation claiming it failed to warn of diabetes risks associated with its antipsychotic drug Zyprexa, finding that the plaintiff couldn't show Lilly caused any proximate injury under North Carolina law.

Barry McClamrock had argued that Zyprexa never would have been prescribed to him if the company had provided proper warnings of the drug's risks, and he sought damages caused by his diabetes and the amputation of part of...
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