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Lilly Wins 2 Summary Judgment Bids In Zyprexa MDL

Law360 (June 3, 2009, 12:00 AM EDT) -- A federal judge has sided with Eli Lilly & Co. in two product liability suits over Zyprexa, including one from West Virginia, the only state to have rejected the learned intermediary doctrine used in failure-to-warn cases against drug companies.

Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York granted Lilly summary judgment Tuesday in a suit brought by West Virginia resident Louis F. Ortenzio, a former doctor who claimed Zyprexa caused his pancreatitis.

Ortenzio, who lost his license in...
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