Eli Lilly Beats Zyprexa Failure-To-Warn Suit In 8th Circ.

Law360, New York (March 10, 2014, 5:15 PM EDT) -- The Eighth Circuit on Monday upheld a victory for Eli Lilly & Co. in a lawsuit claiming it failed to adequately warn of the risks of long-term use of the antipsychotic drug Zyprexa, backing a lower court's exclusion of expert testimony.

The ruling supported an Arkansas federal judge's exclusion of psychiatrist Stefan Kruszewski's opinion that 15 percent of Zyprexa users will develop tardive dyskinesia, an involuntary movement disorder, after taking the drug for three years. Plaintiff Timothy Boehm claimed he developed the condition after taking Zyprexa...
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