Zyprexa Patient Develops Diabetes – Canadian Class Action Lawsuit

Eli Lilly, manufacturer of Zyprexa and other psych drugs is not just being sued in the U.S., but also in Canada.

Lilly Loses Appeal to Limit Damages in Canadian Suit (Update 2) By Joe Schneider

July 2 (Bloomberg) — Eli Lilly & Co. lost an appeal to limit potential damages in a lawsuit filed by Canadian patients who claimed they developed diabetes after using its Zyprexa schizophrenia drug.

An Ontario appeal court today affirmed a lower court’s decision that plaintiffs in a class-action, or group, suit may try to recover money the Indianapolis-based company made from sales rather than get damages. The plaintiffs sought C$900 million in damages in their initial claim.

http://www.bloomberg.com/apps/news?pid=20601082&sid=aXWsSwT1JTPU&refer=canada

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ALLIANCE FOR HUMAN RESEARCH PROTECTION

The Associated Press and IndyStar report that U.S. District Judge Jack Weinstein, who is overseeing all federal suits involving Zyprexa, issued a 290-page discussion draft on Thursday stating that he was prepared to grant class-action status for the lawsuit brought by Mid-West National Life Insurance Co. of Tennessee and others. The Judge set a hearing on the proposed order for July 31.

Judge Weinstein made it clear he believed there was enough evidence for the case to proceed to trial, and urged a settlement. Weinstein’s draft cites two experts’ estimates of damages, one of $4.9 billion and the other ranging from $3.9 billion to nearly $7.7 billion.

Ed Silverman (Pharmalot) notes that Judge Weinstein’s statement “amounts to an about-face for Weinstein.”
He notes that in April, the Judge indicated he probably wouldn’t allow patients and insurers who paid for Zyprexa to sue the drugmaker as a group. Although he thought the case “ought to be settled. I really think that we’re not dealing with very much money,” he said at the time.
See: http://www.pharmalot.com/2008/04/judge-wants-to-scale-back-zyprexa-lawsuit/

**Of particular note, the Indy Star reports (below) that Judge Weinstein acknowledged in the draft order:
“There is sufficient evidence of fraud under RICO to go to a jury.”

“It’s the latest twist in a lengthy legal saga, filled with complex medical issues and implications for the national health-care system, including how drug makers market and charge for medicines, and how doctors prescribe them.”

At least 10 state Attorneys General s have filed suits against Eli Lilly for defrauding the public purse. The most notable being the suit filed by Connecticut’s Attorney General, Richard Blumenthal, who used the federal RICO statute (Racketeering Influenced and Corrupt Organizations Act).
See: http://blogs.wsj.com/health/2008/03/11/connecticut-sues-eli-lilly-over-zyprexa/

Judge: Lilly should try to settle drug claims
Drug maker accused of improperly marketing top-selling Zyprexa
By John Russell john.russell@indystar.com http://www.indystar.com/apps/pbcs.dll/article?AID=/20080704/LOCAL18/80704041
1/1195/LOCAL18 INDYSTAR
July 4, 2008

Also see: The story about how Zyprexa killed my mother.

Judge urges Eli Lilly to settle Zyprexa lawsuit

July 3, 2008 By CHARLES WILSON, ASSOCIATED PRESS
http://news.yahoo.com/s/ap/20080704/ap_on_bi_ge/lilly_zyprexa_2&printer=1;_ylt=Ag1hFC1SWlPnZboGvxr6cxBv24cA

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