Eli Lily Sued over Zyprexa

A West Baton Rouge Parish woman has filed a federal lawsuit against Eli Lilly and Co., claiming her son developed diabetes after taking the drug Zyprexa for three months in 2003.

Catherine Harrison’s lawsuit, filed Tuesday in U.S. District Court in Baton Rouge, says her son developed severe stomach and bowel problems and diabetes.

The lawsuit also claims the child has suffered extreme pain and will have substantial medical bills all his life. It also contends Eli Lilly did not give proper warning that the drug could have severe side effects.

Zyprexa is the brand name for olanzapine, an anti-psychotic drug used to treat schizophrenia and bipolar disorder. It was approved by the U.S. Food and Drug Administration in 1996. In 2004, Eli Lilly began including warning labels with Zyprexa regarding an increased risk of hyperglycemia and diabetes, especially in patients with a family history of diabetes.

“We believe the allegations linking Zyprexa and diabetes are not supported by scientific evidence,” said Eli Lilly spokeswoman Terra Fox. She added that Zyprexa has not been approved for use in pediatric patients.

The warning information on http://www.fda.gov recommends regular glucose monitoring in patients who taking Zyprexa.

Fox added that the FDA has determined there is an increased risk for elevated blood glucose for people taking Zyprexa.

September 14, 2006 in Zyprexa | Permalink | Comments (1)

Zyprexa Lawsuit Filed

Denise Porter filed suit in St. Clair County Circuit Court Feb. 28, alleging that the prescription drug Zyprexa caused the onset of her diabetes.

The drug, manufactured by Eli Lilly and Company and the third best selling pharmaceutical on the market, is used to treat schizophrenia and bipolar disorder.

In 2001, Zyprexa was approved for the short-term treatment of acute manic episodes associated with bipolar disorder.

Porter claims that immediately after Zyprexa's release, Lilly became aware of large numbers of adverse event reports on file with the Food and Drug Administration's medwatch database involving diabetes-related illnesses associated with the use of Zyprexa.

She claims Lilly knew of Zyprexa's propensity to cause diabetes, but failed to adequately warn doctors and patients.

According to the complaint, on Sept. 11, 2003, the FDA informed all manufactures of atypical antipsychotic drugs, including Lilly, that due to an increasing prevalence of diabetes-related illnesses associated with this class of drugs, that all labeling must bear a warning.

Porter also claims that despite the FDA's mandate, Lilly waited until March 1, 2004, to send physicians a "Dear Doctor Letter" advising of the new warnings and claims the warning did not appear in the Physicians' Desk Reference until the 2005 edition.

March 8, 2006 in Zyprexa | Permalink | Comments (0)

Zyprexa Lawsuit Insurers to Cover Liability?

Lilly wants insurers to pay much of $1 billion in Zyprexa claims
Associated Press

INDIANAPOLIS - Eli Lilly and Co. wants its insurers to cover nearly half of the $1 billion the drug maker has set aside to pay product-liability claims involving its top-selling drug, the anti-psychotic treatment Zyprexa.

Lilly is seeking about $465 million from the insurers, company spokesman Phil Belt said Friday. The Indianapolis-based company, which is suing five of its insurers to try to force them to pay, had partially detailed the amount it is seeking in previously filed court records.

A $465 million payout by insurers would help cover the $1.07 billion Zyprexa-related write-off Lilly took in the second quarter regarding claims over Zyprexa.

Four of the insurers are fighting Lilly's lawsuit, filed in March in federal court in Indianapolis.

They argue Lilly bought liability coverage for Zyprexa in 2000 without disclosing that it knew then the drug could cause harmful, diabetes-related side effects in some users.

Hiding that information was "egregious" behavior by Lilly and voids the coverage, the insurers say in court motions.

The insurers argue that if they had known about Zyprexa's serious side effects, they "would not have agreed to insure Lilly at all, would have excluded coverage for Zyprexa ... or would have provided insurance coverage to Lilly on terms and conditions substantially different."

"Lilly knew Zyprexa represented a serious liability exposure to it and to any insurer that provided coverage to Lilly," said SR International Business Insurance Co., one of the companies Lilly is suing.

Lilly has filed a counterclaim denying those allegations, Belt said.

The other companies Lilly is suing are North American Specialty Insurance Co., Winterthur Schweizerische Versicherungs AG, Gerling-Konzern Allgemeine Versicherungs AG, and ELCO Insurance Co.

All but ELCO have refused to pay claims Lilly has submitted to reimburse it for legal bills and other costs related to Zyprexa product-liability litigation.

ELCO said it should be dismissed from the lawsuit because ELCO has not refused to pay claims it has gotten from Lilly. Based in Bermuda, ELCO is a Lilly fully-owned subsidiary.

Lilly sued its own subsidiary because "we are obliged to treat ELCO as an arm's-length independent entity," Lilly spokeswoman Joan Todd told The Indianapolis Star.

The five companies provided about $400 million in coverage that Lilly wants them to honor, Todd said. Lilly is in discussions with additional insurers regarding the remaining amount in Zyprexa liability coverage, Belt said.

In June, Lilly announced a deal with trial lawyers to settle most of the 8,000 U.S. claims against it from Zyprexa users, who allege the drug caused diabetes-related side effects. The settlement of existing and new claims will cost about $1 billion, the company said.

Zyprex is Lilly's top-selling drug, although the company reported that worldwide sales of the drug fell 10 percent to $1.1 billion in the second quarter, from $1.21 billion a year ago.

In the U.S., the drug's sales dropped 21 percent to $549.3 million.

September 5, 2005 in Zyprexa | Permalink | Comments (0)

Zyprexa Class Action Lawsuit

Zyprexa class action claim launched in Alberta

TORONTO, Feb. 18 /CNW/ - The firm of Stevensons Barristers announce that it has commenced a class action in the Court of Queen's Bench of Alberta against Eli Lilly & Company and Eli Lilly Canada Inc., the makers and distributors of Zyprexa, for damages claiming $900,000,000.00. This action is similar to the one which has been brought in the Ontario Superior Court on behalf of all persons in Canada who were prescribed Zyprexa and who became diabetic as a result of taking that drug. The claim has been brought on behalf of the plaintiffs, John Douglas Helm and Margaret Lockwood who were each prescribed Zyprexa and both subsequently diagnosed as diabetic. It is alleged that the plaintiffs became diabetic as a result of having been prescribed Zyprexa.

February 18, 2005 in Zyprexa | Permalink | Comments (1)

Zyprexa Class-Action Lawsuit

Class-action lawsuit claims antipsychotic drug Zyprexa led to diabetes
Sunday, January 30, 2005 - canada.com
VANCOUVER (CP) - A B.C. man has launched a class-action lawsuit against drug maker Eli Lilly over its medication Zyprexa, claiming the company "minimized" the heath risks of taking the anti-psychotic drug.

The suit filed in the B.C. Supreme Court alleges Vancouver's Marc Estrin developed diabetes as a result of taking the drug to treat schizophrena.
"We say basically that the use of Zyprexa leads to diabetes," said Jim Poyner, the lawyer behind the lawsuit.

Zyprexa was approved by Health Canada last year for treatment of bipolar disorder and manic depressive illness. The drug has been marketed for the sale and treatment of schizophrenia in Canada since 1996.

The class-action lawsuit against the firm still needs to be certified by a judge.

Poyner, who's the same lawyer who set off a class action lawsuit for the arthritis drug Vioxx, couldn't say how many people might want to join the B.C. lawsuit.
Similar legal action has been taken in the United States and at least one lawsuit has been launched in Ontario.

January 30, 2005 in Zyprexa | Permalink | Comments (1)