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Eli Lilly Settles 75% of Zyprexa Claims...But Will It Stop The Legal Onslaught?

Pharmaceutical giant Eli Lilly announced in June 2005 that it will settle 75 percent of the 8,000-plus claims against it for adverse side effects suffered by patients using the popular antipsychotic drug Zyprexa (generic: Olanzapine). The drug, which was warned against as early as 2003 by the Food and Drug Administration (FDA) via label warning and was implicated in several earlier studies, has been linked to hyperglycemia, blood sugar imbalances, diabetes mellitus and even inflammation of the pancreas. But even though Eli Lilly settled the cases in an extraordinary early settlement (only five depositions had been taken in the case), its legal woes appear to have just begun: in December 2005 and February 2006, plaintiffs in several states sued Eli Lilly, claiming that the company defectively designed the drug and refused to properly test it or warn patients of its potential side effects.

Was Eli Lilly Negligent in Trials and Marketing?

The suits allege that Eli Lilly failed to warn doctors and patients of the health risks of Zyprexa, even though they knew of the drug's ability to cause diabetes and other disorders. They also claim that the "Dear Doctor" letter sent by Eli Lilly to doctors (a common practice subsequent to FDA label warnings) came too late - even though the FDA warned against Zyprexa's dangerous side effects in September 2003, the company failed to send out a "Dear Doctor" letter until March of the next year and the warning did not appear in the Physician's Desk Reference (PDR) until the publication of that book's 2005 edition.

In order to prevail, the patients will have to prove that Eli Lilly was in fact negligent (in violation of its obligations for reasonable care) in its testing and marketing of Zyprexa. Given the recent settlement of over 8,000 Zyprexa lawsuits in June 2005, juries in the more recent cases may already be expected to feel that Eli Lilly has incriminated itself. But in our litigious climate, settlement seems more likely than a lengthy and costly jury trial.

Nearly 25 Cases of Fatal Diabetes

To date, there have been nearly 300 reported claims of Zyprexa-related diabetes, with nearly 25 of those resulting in death. This is a large number, considering the drug's wide prescription - it is the third best-selling pharmaceutical on the market and is marketed worldwide to a variety of consumers across a broad base of age ranges and diagnoses. But diabetes is not the only risk of the popular antipsychotic - the FDA announced in 2001 that the drug makes elderly patients who have dementia more likely to face premature death. In addition, there have been cases of necrotizing pancreatitis, a disease that kills cells within the vital pancreas.

If you or someone you love have experienced negative effects related to Zyprexa use, contact a medical professional immediately. They will help you get off the drug (a sometimes risky procedure in bipolar and schizophrenic patients) and get you the medical care you need. Next, contact an experienced unsafe drugs attorney to discuss whether you qualify for compensation for your Zyprexa-related injuries and illness. An experienced Zyprexa lawyer can walk you through the litigation process, help you file your claim, and get you monetary compensation for past and future medical expenses, lost wages, pain and suffering, and other conditions.


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