Enough evidence of fraud by Eli Lilly and Co. in its marketing of Zyprexa exists to go ahead with a jury trial, a judge in New York has ruled.
Plaintiffs in the case claim Lilly urged physicians to prescribe the schizophrenia and bipolar disorder drug for uses not approved by the federal government.
Insurance companies, labor unions and pension funds can proceed with a class-action suit against the Indianapolis pharmaceutical maker, Judge Jack Weinstein said today in a 295-page opinion, according to Bloomberg.
However, individuals were denied class-action status because their leaders, who are suing Lilly for injury, are in a conflict of interest, Weinstein said.
Weinstein also allowed 350 documents previously deemed confidential to be unsealed.
In July, Weinstein suggested Lilly settle the case.
Lilly denied at the time that it promoted Zyprexa for uses other than prescribed.