Learned Intermediary Doctrine Bars Zyprexa Claims, Judge Rules

NEW YORK - The learned intermediary doctrine bars Zyprexa injury claims because the plaintiff's doctor received the drug maker's "Dear Doctor" letter before prescribing the drug to the plaintiff and was well aware of the metabolic risks posed by the drug, a New York federal judge has ruled. Gaskins v. Eli Lilly & Co., Nos. 04-MD-1596, 08-CV-5165 (E.D. N.Y.).

On Oct. 14, Senior District Judge Jack B. Weinstein rejected the plaintiff's contention that the warnings in the "Dear Doctor" letter were inadequate, citing case law holding that the warnings were, in fact, sufficient.

Flecia Gaskins sued Eli Lilly & Co. …