IBJNews

Part of Mississippi's Zyprexa case against Lilly dismissed

Back to TopCommentsE-mailPrintBookmark and Share

Indianapolis-based Eli Lilly and Co. has won a bid to dismiss part of a negligence lawsuit brought by Mississippi that alleges improper marketing of antipsychotic drug Zyprexa for unapproved uses, according to Bloomberg News.

Mississippi, like many other states that have sued Lilly, is seeking reimbursement for money spent in the state's Medicaid program on Zyprexa prescriptions. However, U.S. District Judge Jack Weinstein on Tuesday granted part of Lilly's request for a decision before trial on Mississippi's claims and dismissed most of the allegations, except one that Lilly charged Mississippi more than the drug was worth.

"The use of aggregate proof to establish essential elements of Mississippi’s theories of recovery is barred by applicable law,” Weinstein wrote in a 117-page order that denied the state's request for a summary judgment ruling in its favor.

The judge, based in Brooklyn, N.Y., put further proceedings on hold pending the outcome of an appeal of similar rulings he issued in other Zyprexa cases that he’s presiding over.

Weinstein wrote that a ruling in favor of Mississippi could have put Lilly out of business.

"If allowed to proceed in their entirety, the state's claims could result in serious harm or bankruptcy for this defendant and the pharmaceutical industry generally," he wrote. "For the legal system to be used for this slash-and-burn style of litigation would arguably constitute an abuse of the legal process. Constitutional, statutory and common law rights of those injured to seek relief from the courts must be recognized. But courts cannot be used as an engine of an industry's destruction."

Zyprexa, Lilly’s best-selling drug, has been the subject of federal and state investigations into marketing practices.

The company settled with the U.S. Justice Department in January for $1.42 billion, including about $362 million to more than 30 states. Several other states that did not participate in the federal case have reached separate settlements or agreements.



 

ADVERTISEMENT

  • Zyprexa litigation
    Eli Lilly has made $38 billion on Zyprexa and it was way oversold and caused diabetes and in some cases sudden death.
    Eli Lilly has received a huge criminal fine over their Zyprexa cash cow,add it all up comes to $4.6 billion, in Zyprexa settlements,fines,litigation.

    Did you know that Lilly made $ billions last year on diabetic meds, Actos,Humulin and Byetta?

    They sell a drug that can cause diabetes and then turn a profit on the drugs that treat the condition that Eli Lilly has made $38 billion on Zyprexa and it was way oversold and caused diabetes and in some cases sudden death.
    Eli Lilly has received a huge criminal fine over their Zyprexa cash cow,add it all up comes to $4.6 billion, in Zyprexa settlements,fines,litigation.


    Addictive Zyprexa was pushed by Lilly Drug Reps.
    They called it the "Five at Five" (5 mg at 5 pm to keep nursing home patients subdued and sleepy) and "VIVA ZYPREXA" (Zyprexa for everybody) campaigns to off label market Eli Lilly Zyprexa as a fix for unapproved usage.
    Eli Lilly is 'reaping the whirlwind' for aggressive marketing of Zyprexa that has caused suffering and deaths. they may have caused in the first place!

    ----
    Daniel Haszard Zyprexa whistle-blower

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. Looking at the two companies - in spite of their relative size to one another -- Ricker's image is (by all accounts) pretty solid and reputable. Their locations are clean, employees are friendly and the products they offer are reasonably priced. By contrast, BP locations are all over the place and their reputation is poor, especially when you consider this is the same "company" whose disastrous oil spill and their response was nothing short of irresponsible should tell you a lot. The fact you also have people who are experienced in franchising saying their system/strategy is flawed is a good indication that another "spill" has occurred and it's the AM-PM/Ricker's customers/company that are having to deal with it.

  2. Daniel Lilly - Glad to hear about your points and miles. Enjoy Wisconsin and Illinois. You don't care one whit about financial discipline, which is why you will blast the "GOP". Classic liberalism.

  3. Isn't the real reason the terrain? The planners under-estimated the undulating terrain, sink holes, karst features, etc. This portion of the route was flawed from the beginning.

  4. You thought no Indy was bad, how's no fans working out for you? THe IRl No direct competition and still no fans. Hey George Family, spend another billion dollars, that will fix it.

  5. I live downtown Indy and had to be in downtown Chicago for a meeting. In other words, I am the target demographic for this train. It leaves at 6:00-- early but doable. Then I saw it takes 5+ hours. No way. I drove. I'm sure I paid 3 to 5 times as much once you factor in gas, parking, and tolls, but it was reimbursed so not a factor for me. Any business traveler is going to take the option that gets there quickly and reliably... and leisure travelers are going to take the option that has a good schedule and promotional prices (i.e., Megabus). Indy to Chicago is the right distance (too short to fly but takes several hours to drive) that this train could be extremely successful even without subsidies, if they could figure out how to have several frequencies (at least 3x/day) and make the trip in a reasonable amount of time. For those who have never lived on the east coast-- Amtrak is the #1 choice for NY-DC and NY-Boston. They have the Acela service, it runs almost every hour, and it takes you from downtown to downtown. It beats driving and flying hands down. It is too bad that we cannot build something like this in the midwest, at least to connect the bigger cities.

ADVERTISEMENT