2nd Circ. Lets Lilly Off Hook In Zyprexa Diabetes Suit

Law360, New York (September 7, 2012, 7:47 PM EDT) -- The Second Circuit on Friday affirmed a win for Eli Lilly & Co. in multidistrict litigation over the antipsychotic drug Zyprexa, ruling Lilly isn't liable for failing to warn a man of diabetes risks associated with the drug because he didn't show his doctors' prescription decisions hinged on the drugmaker's warnings.

Plaintiff Arthur McElroy challenged a summary judgment ruling in favor of Lilly in a suit accusing the drugmaker of failing to warn him of the risks associated with taking Zyprexa for his schizophrenia. McElroy said...
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