Microsoft Ruling Dooms Cymbalta Labeling Suit: 9th Circ.

Law360, New York (October 12, 2017, 3:35 PM EDT) -- The Ninth Circuit on Thursday dismissed three consumers’ bid for class certification in litigation accusing Eli Lilly & Co. of hiding the magnitude of withdrawal risks for its antidepressant Cymbalta, finding that the U.S. Supreme Court’s recent decision in Microsoft Corp. v. Baker doomed the appeal.

The suit claims that while Eli Lilly's labels for Cymbalta state that withdrawal symptoms like dizziness, nausea, vomiting, nightmares and vertigo affect only 1 or 2 percent of users, that number is closer to 50 percent. Above, a production technician examines Cymbalta pills in 2006. (AP) In both the instant case and Microsoft, the plaintiffs...

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