Zyprexa Class Action Lawsuit Certified

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Published: September 8th, 2008

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.

There Are 12 Comments So Far • (Add Your Comments)

  1. 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.
    –
    Daniel Haszard Zyprexa patient who got diabetes from it.

  2. 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.

  3. 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.

  4. 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

  5. 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.

  6. 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.!!

  7. Comment by spirit hawk on 8 May 2010:

    back in 1999, i was placed on zyprexa, which i faithfully took because it was prescribed by a doctor. after going from 168lbs to 280lbs in a short time and in a few short few years i was diagnosed with diabetes.had i known that this drug was going to give me diabetes, they couldnt shove that drug down my throat with a bulldozer. when i had seen on television an ad, telling of the dangers and that i could be able to recieve a monetory award for my pain and suffering , i quickly contacted a lawyer. that was 3 and half years ago. in decenber of 2009 the lawyer sent me a letter saying that the case was setteled on march 17th of 2009. acorrding to the information on the web, they recieved millions of dollars in awards, of which i was entitled to only 8,000.00 dollars after expenses. i probably will never see any money. BUT THERE IS GOOD NEWS. THERE IS A CURE FOR DIABETES. I TOOK IT OVER A YEAR AGO AND HAVE BEEN DIABETES FREE SINCE. I AM GOING TO SELL THE CURE OVER THE INERNET, AND WILL PUT A BIG DENT IN ELI LILLYS POCKET. there are crooked lawyers lining thier pockets off of the the most weak and vulnerable. they are the scum of the earth. we were the guinie pigs, given a drug which was never tested, if you know someone who has diabetes , no matter how they got it, tell them of ths letter. it just may save thir life. spirit hawk helena montana.

  8. Comment by Steve on 31 August 2010:

    What are the parameters for a claim and who do I speak to?…..Pretty discusted with what I’ve gone through….

  9. Comment by Dawn on 31 August 2010:

    I also would like to know how do I go about filing a claim?
    I was on Zyprexa & gained WAY TOO MUCH weight from this medication. This was given to treat Bipolar & Depression. Which in return made me more depressed as the pounds piled on.

  10. Comment by mike on 27 January 2011:

    i was on zyprexa and geodon, ive never had diabeteze, but after taking theses drugs i come up with type -2 and almost died, i need a lawyer and ive been looking, the ones that had the case in pensacola wouldnt help me and ithink they need too be sued, if anybody can help, i take the pill and the insulin.

  11. Comment by keith on 14 May 2011:

    i took geodone for 2 days and almost died, i couldnt breath for hours and had stroke like conditions

  12. Comment by SStevens on 1 August 2011:

    My son, 39 years old, on Zyprexa having increased hostility and has developed hyperglycemia, taking medication to lower his blood sugar. I can not get through the team of people taking care of him to have his doctor take him off this drug. It is very disturbing that anyone with a wt. problem to begin with would be put on this medication. He was placed on this medication at a local hospital and then it continued at the State hospital he was transfered to. He was in a fight with another patient and had to be transfered to the local ER for stitches in his upper inner lip and mouth. This all caused his mental illness to worsen. After reading all of the warnings and information from a friend who is a nurse in mental health, I am taking my son back to his old doctor who treated him for the last 15 years with no major hospitaltions. My son has been hospitalized 3 times in 6 months. He had not been hospitalized in the past 10 years prior to these episodes.

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