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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11 Responses to “Zyprexa Patient Develops Diabetes – Canadian Class Action Lawsuit”

  1. Daniel Haszard Says:

    Zyprexa has generated a lot of bad press for Eli Lilly and they still have unresolved Zyprexa settlement claims.
    Eli Lilly is ‘reaping the whirlwind’ for aggressive marketing of Zyprexa that has caused suffering and deaths.
    Zyprexa is being avoided by doctors they aren’t prescribing it for new patients at all anymore.

  2. Your Friend Says:

    I am so glad to hear that doctors are avoiding prescribing Zyprexa! What a relief! Now if we can just get the word out so others stop taking it. I know most doctors hate taking people off any prescription because they are afraid that if something happens to the patient that they’ll be sued.

    Yes. Eli Lilly has it coming from all directions. They have more than one drug on the market for which they are being sued. I see more and more Prozac lawsuits as well. A matter of fact someone from Canada just today commented on one of my other other articles “Prozac, Paxil, Zoloft, Celexa and other SSRIs”. She is seeking a Canadian attorney so that she may sue for a near death experience from Prozac. If anyone knows of any Canadian attorneys that specializes in such matters please visit that article to inform her of such. For now I referred her to Commissions on Human Rights at http://www.cchr.org which fights such abuses.

    Lilly’s net profit zoomed by 44% to $959 million in the second quarter of 2008. Their sales of Cymbalta (antidepressant) are causing the climb. I predict Cymbalta class action lawsuits will be starting up next. They already have some lawsuits in the works.

    On October 17, 2005, Eli Lilly expanded its warning about potential liver-related problems with its depression drug, Cymbalta, and cautioned doctors against prescribing it to patients with chronic liver disease, U.S. health regulators announced. The new label for the drug also contains reports of hepatitis, jaundice and other liver-related problems in patients using Cymbalta. I see liver damage as well as suicide lawsuits due to Cymbalta.

    I suppose I need to do an article on this next. Off I go…

    Thank you for your comment, Daniel.

    Have a great weekend!

    Your Friend

    • FRANK WILLIAMS Says:

      PLEASE LET ME KNOW OF ANY OR ALL CYMBALTA LAWSUITS YOU MAY BE AWARE OF AS IT HAS RUINED AND IS STILL HURTING ME MY FAMILY AND MY LIFE FOR OVER A YEAR NOW. AND THE FACT THAT THE INFO ON GETTING OFF OF THIS DRUG(WHICH MAKES IT ADDICTIVE) IS NOT IN MEDICAL JOURNALS MAKES IT IMPOSSIBLE TO FIND A DOCTOR TO HELP OR BELIEVE YOUR EXPIERIENCE, WHICH IS DEVISTATINGLY HORRIBLE. THANK YOU , FRANK

      • Your Friend Says:

        Frank,

        Thanks for posting your comments.

        I have no doubt that what you say happened to you and your family ruined your life. Psychiatric drugs can do that. I hope you find what you are looking for, but for now, you should report it to Citizens Commission on Human Rights International: http://www.cchrint.org. They are a non-profit organization that fights psychiatric abuse like yours. More stories like yours will help them show others the facts. I hope you contact them soon.

        Best,
        Your Friend

  3. Judi Says:

    Someone looking at this site from Medicine Hat [Canada] – me too..
    hello

    • Your Friend Says:

      Hello Judy!

      I am so sorry it has taken me so long to respond to your comment. I have been very busy in my volunteer time for the advocacy of stopping psychiatric abuse. Thank you stopping by and visiting this site.

  4. Charles Hadden Says:

    I’ll be glad to join a class action suit over Cymbalta. But the Dr.s should be included for incompetence also, Not managing the patient. Not educating the patient and Definitely for abandoning the patient when they don’t like the caused actions from the drug. I was actually kicked out of the clinic for what happened to me. Haven’t had a regular job since.

    • Your Friend Says:

      Hello Charles!

      Thank you for leaving a comment.

      I am so sorry that you had this awful experience. I hope someone can help you. Have you reported this episode to The Citizens Commission for Human Rights International – http://www.cchrint.org (that is their new website)?

      Best,
      Your Friend

  5. Larry Says:

    Greetings – has there been any discussion, or awareness, about a class action regarding Cymbalta?

    Comments such as the one above from Frank claiming family ruin might appear dramatic unless you’re one of the unfortunate victims who have experienced the hell this medication renders when you try to stop taking it.

    On November 3, 2010, Lilly were granted FDA approval to expand its indication; Lilly have accrued $10B USD in earnings from Cymbalta since its FDA, 2004 approval.

  6. John La Greca Says:

    I’m a mental health consumer. I’ve been in the psychiatric and social services gulag for over thirty years. I’m on a psychiatric disability from social services in British Columbia, Canada. I’m 56 years old. I’ve been experimented upon with a wide range of drugs for a long list of mental disorders that seems to get longer each year. I know I’ve been damaged by what the psychiatric quacks have used on me. Thirty years ago I was told by a doctor that one of the drugs they used would make me physically sick and damage my heart. I remember them using Chlorpromazine, Chlomipramine and Chlozapine. In the last twelve years I have been on Seroquel. I read up on it when I was using it. I got the impression from what I read that I was in for a case of diabetes and all kinds of gastrointestinal problems. Sure enough I got all kinds of problems I didn’t want. I gained a lot of weight on this drug. I’m 5’5″. I ended up weighing 255 pounds. I’ve been struggling over the last six years to get my weight down. I’m now 140 pounds. I developed a mild case of diabetes that I now control by watching my sugar intake and dieting. I had high cholesterol and high blood pressure because of the Seroquel. I had a severe case of heartburn. It was controlled by losec. Six months ago I refused to take any medication at all. I no longer have any heartburn. When I was using seroquel I was very stupid and ineffective. My sister was going to be a psychiatrist. She told me that some medication can trigger psychosis. It certainly seemed so in my case. I would go for four months without hearing anything and then things would start up. I would ask for higher doses of medication. Which was the last thing you should do. I have a friend whose a psychologist. He says that medication can only mask symptoms for so long and then wears out. Enough said about Seroquel. I was put on Lithium for anger management. I was told by other mental health patients that if I had stayed on it long enough that my kidneys would have dissolved and I would have been a candidate for dialysis. I have been on Zyprexa for diabetes. I’ve been on a lot of other medications too. I was never told what they were. I found that the mental health professionals’ attitude in this regard to be rather paternalistic. I’m sure I have a lot of damage because of these drugs and that I have a lot of problems coming in the future. I want to get in on some class actions suits. Like I said, I’m on social assistance. I have no savings. No relatives that can help me. Can you help me?

    • Your Friend Says:

      This is an alternatives and anti-psychiatric medicine blog only. I know nothing about particular attorneys or law suits. So sorry. I suggest you do a Google search for attorneys specializing in class action law suits against a specific drug. Good luck!


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