Eli Lilly Can't Escape Class Action Over Cymbalta Labeling
Law360, Los Angeles (February 26, 2013, 12:26 AM EST) -- A California judge on Monday denied a bid by Eli Lilly & Co. to escape a proposed class action alleging inadequate labeling of the antidepressant Cymbalta, saying he could not decide at this stage of the litigation whether the company properly warned doctors of the drug's risks.
U.S. District Judge Stephen V. Wilson did not rule out the possibility that the claims of four consumers, including one physician, who say they experienced “brain zaps” and other side effects when trying to stop using Cymbalta could eventually be dismissed under a liability shield for drug manufacturers known as the learned intermediary doctrine....
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