Plaintiff Appeals Adverse Summary Judgment to Lilly in Cialis Stroke Warning Case

SEATTLE — The plaintiff in a lawsuit accusing Eli Lilly & Co. of failing to adequately warn doctors that its erectile dysfunction drug Cialis can cause strokes is appealing an adverse summary judgment ruling that the learned intermediary doctrine bars the claims.

A notice of appeal was filed with the U.S. Court of Appeals for the 9th Circuit on Feb. 6.

In the Feb. 5 order, Judge John Coughenour of the U.S. District Court for the Western District of Washington awarded Lilly summary judgment, citing the prescribing doctor’s testimony that he was aware of Cialis’ risks and would not have …