Zyprexa Injury Claims are Time-Barred, Federal Judge Rules
December 29, 2009
NEW YORK - A New York federal judge has dismissed Zyprexa injury claims brought against Eli Lilly & Co., ruling that they are time-barred because plaintiff was aware more than two years before filing suit that her alleged injuries were likely caused by the drug. Gove v. Eli Lilly & Co., Nos. 04-MD-1596, 06-2592 (E.D. N.Y.).
On Dec. 10, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York further ruled that plaintiff's claims are barred by the learned intermediary doctrine because the prescribing health care provider was aware of the risks associated with …