9th Circ. Won't Revive Cymbalta Users' Suit Against Eli Lilly

Law360 (January 16, 2020, 6:56 PM EST) -- A Ninth Circuit panel on Thursday rejected an appeal by users of the antidepressant Cymbalta who claimed maker Eli Lilly & Co. hid the risks of withdrawal from the drug, saying they knew they might be ending the case when they initially dropped their claims.

In a brief memorandum, the panel found that another Ninth Circuit decision that occurred after the plaintiffs, led by Melissa Strafford, Carol Jacquez and David Matthews Jr., decided to dismiss their claims sinks their hopes of a rehearing.

The suit had alleged that Eli Lilly's own data indicated that a high percentage of Cymbalta users had...

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