Tadai, et al. v. Eli Lilly & Company
Published: Nov. 26, 2011 | Result Date: Nov. 4, 2011 | Filing Date: Jan. 1, 1900 |Case number: BC379020 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Ronald W. Makarem
(Makarem & Associates APLC)
Defendant
Facts
Cody Tadai was taking Zyprexa, an antipsychotic, to treat certain symptoms associated with his mental illness. He developed diabetic ketoacidosis and other illnesses, and subsequently died. His family sued Eli Lilly and Company, manufacturer of Zyprexa, alleging that the drugmaker failed to adequately warn prescribing physicians of the risks of developing diabetes.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Lilly withheld information about side effects of Zyprexa, which included diabetes and weight gain. Further, that the company trained its sales force to "neutralize" any concerns regarding the links to diabetes or weight gain.
DEFENDANT'S CONTENTIONS:
Defendant contended that the label adequately warned the physicians of the risks of the medication, and that the prescribing physician understood those risks. In addition, it argued that the medication did not cause the decedent's illness or death.
Result
The jury rendered a verdict in favor of the defense. It found that prescribing physicians would realize the dangers of the drug.
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