Lilly Fights Cymbalta 'Brain Zaps' Suit, Saying It Warned Docs

Law360, New York (January 29, 2013, 4:24 PM ET) -- Eli Lilly & Co. on Monday pressed a California federal judge to toss a proposed class action from consumers who allege they experienced “brain zaps” and other side effects when trying to stop using antidepressant Cymbalta, saying it properly warned doctors of risks.

The drugmaker’s motion to dismiss cites the so-called learned intermediary doctrine, which treats prescription medicines differently than other merchandise in recognizing that an expert — a physician — acts as a middleman between the manufacturer and the buyer.

“Because plaintiffs received Cymbalta only through...
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Case Title

Jennifer L Saavedra v. Eli Lilly and Company


Case Number

2:12-cv-09366

Court

California Central

Nature of Suit

Contract: Other

Judge

Stephen V. Wilson

Date Filed

October 31, 2012

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