Zyprexa Class Action Lawsuit Certified
Published: September 8th, 2008 • Comments: 6
On Friday, a federal judge certified a Zyprexa class action lawsuit for a group of “third party payors” who allege that Eli Lilly committed fraud by selling their anti-psychotic drug at high prices, while exaggerating its benefits and understating the Zyprexa side effects.
Zyprexa was introduced by Eli Lilly in 1996 as a miracle drug for treatment of schizophrenia and bipolar disorder. It quickly became one of the pharmaceutical company’s best sellers, with annual sales of $4.8 billion by 2007.
The class action involves insurance companies, labor unions, pension funds and other companies who made payment toward Zyprexa prescription costs for users. Eli Lilly has already paid about $1.2 billion to settle thousands of Zyprexa lawsuits from individual users who suffered severe weight gain and diabetes from the medication.
Eli Lilly also faced criminal investigations for their marketing practices, which encouraged sales representatives to promote Zyprexa off-label for uses that were not approved by the FDA.
U.S. District Judge Jack B. Weinstein, from the Eastern District of New York, only certified the class action for a narrow group of claims involving the Racketeer Influenced and Corrupt Organization Act, and not claims those under state laws. The class certification also only includes payments or reimbursements for Zyprexa prescriptions administered between June 20, 2001 and June 20, 2005, although the plaintiffs had sought reimbursement for claims relating to Zyprexa as early as 1996.
The Judge’s order also unsealed hundreds of confidential documents produced by Eli Lilly as part of the Zyprexa litigation filed by users. Although Eli Lilly sought to keep the public from learning about the contents of the documents, Judge Weinstein indicated that the public’s right to be informed about contents of these documents outweighed Lilly’s interest in confidentiality.
“Public access is now advisable because this litigation involves issues of great public interest, the health of hundreds of thousands of people, fundamental questions about our system of approval and monitoring of pharmaceutical products, and the funding for many health and insurance benefit plans,” wrote Judge Weinstein in a 295 page decision.
Comment by Daniel Haszard on 9 September 2008:
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.
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Daniel Haszard Zyprexa patient who got diabetes from it.
Comment by Saithia on 11 October 2008:
I’ve read that eli lilly is settling with 32 states. But my attorney haven’t told me anything. What are they trying to do ? Line their pockets with my money from my injuries. It’s already bad enough that my doctor says that zyprexa didn’t cause my diabetes. Also, being rediculed for my weight gain by family members that think they know it all. What can a person do when they have no-one standing by them? Family is waiting for me to get my money but being degraded by one every time I turn around. Eli Lilly should be paying more than what they have stated. And, I feel the Bush family, FDA and anyone working for/have worked for eli lilly to pay.
Comment by Robert on 5 February 2009:
Since begining use of Zyprexa, have suffered severe weight gain of more than 50 pounds and waist increase of 8 inches. Now a candidate for diabetes. Cannot seem to control weight gain.
Comment by Toim on 1 June 2009:
I was put on Zyprexa and for only 4 months, but it was enough to blow my weight sky high and give me diabetes which has irreversiblly changed my life
Comment by William on 20 September 2009:
I would just like to vent my frustration about Zyprexa why is there no legal representation for poor people like myself who became terribly disabled from taking Zyprexa for years not only do I have a severe neurological problem from this drug but now I have to be tested for Diabetes symptoms. This is outrageous where aremy legal rights and whee are tese attorneys wo are supposed to care and represent me against this drug company who made billions off tis drug and ended up making people like m very sick and disabled!! I am just furious at this crap.
Comment by sonjia on 24 September 2009:
i am very disgusted with pharmeceutical companys that profit off people who take any medication that causes health issues and death.my mother was put on zyprexa and she gained an enormous amount of weight and then got diagnosed with diabetes.my mother suffered from neuropathy ,diabetes and unexplained renal failure in 2005. it took me one year to get her to walk on her own again and then all of a sudden in the year 2006 without any notice, my mother passes away in her sleep. shortly before she passed away, she had participated in a lawsuit against eli and lilly. when she passed on, i took over her claim and just got news in 2007 that eli and lilly settled. we are still waiting for the courts to sign off on death cases for the zyprexa claim. no amount of money is going to bring my mother back to me. im angry with all pharmaceutical companys that are only in it for the profit and not the well being of a missed and loved family member.!!