Learned Intermediary Doctrine Bars Texas Zyprexa Suit, Judge Says

BROWNSVILLE, Texas - A judge in Texas has ruled that the learned intermediary doctrine applies to bar claims that Zyprexa manufacturer Eli Lilly failed to warn that the drug could cause patients to commit suicide. Ebel v. Eli Lilly & Co., No. 04-194 (S.D. Texas).

Judge Hilda G. Tagle of the U.S. District Court for the Southern District of Texas ruled Jan. 29 that plaintiff Beatriz Ebel failed to provide sufficient evidence rebutting the presumption that the FDA-approved drug's label adequately warned of akathisia and suicide.

Judge Tagle further held that even if the drug's label were deemed inadequate, the …