This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Product Liability
Failure to Warn

Claudia Herrera and Peter Lowry v. Eli Lilly

Published: Oct. 10, 2015 | Result Date: Aug. 7, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-02702-SVW-MAN Verdict –  Defense

Court

USDC Central


Attorneys

Plaintiff

Bijan Esfandiari
(Baum, Hedlund, Aristei & Goldman PC)

Nicole K.H. Maldonado
(Baum, Hedlund, Aristei & Goldman PC)

T. Matthew Leckman


Defendant

Paul W. Schmidt

Phyllis A. Jones

Michael X. Imbroscio
(Covington & Burling LLP)


Experts

Plaintiff

Joseph Glenmullen
(medical)

Defendant

Douglas G. Jacobs
(medical)

Facts

Claudia Herrera and her husband, Peter Lowry, sued Eli Lilly & Co. involving the anti-anxiety drug Cymbalta.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiff Herrera began taking Cymbalta in 2006. In 2012, she began tapering off the drug and suffered severe withdrawal symptoms, which included spasms and suicidal ideations. Plaintiffs alleged that defendant failed to warn sufficiently of the overall incidence of discontinuation events and to specify a number of weeks over which patients should be tapered off Cymbalta.

DEFENDANT'S CONTENTIONS:
Defendant contended that the FDA-approved warning about discontinuing Cymbalta accurately warns of symptoms that, in Lilly's clinical trials, occurred at 1 percent or greater and at a significantly higher rate in Cymbalta-treated patients compared to those discontinuing from placebo. Furthermore, the warning includes instructions for physicians on how to best manage patients who are stopping the medication. Defendant contended Herrera's prescribing physician understood the risk of antidepressant discontinuation symptoms and the importance of gradual discontinuation under a doctor's care. Additionally, defendant claimed Herrera failed to comply with her doctor's instructions while discontinuing Cymbalta.

Defendant argued that Herrera had a long history of mood disorders, for which she had previously received antidepressant treatment, and her underlying condition was a more likely explanation for many of the symptoms she allegedly experienced after discontinuing Cymbalta. Defendant alleged that plaintiffs could demonstrate neither that Lilly's warning was inadequate nor that there was a causal relationship between the alleged inadequacy and Herrera's alleged injuries.

Injuries

Herrera claimed she suffered from depression, anxiety, and spasms. She also claimed she had suicidal thoughts and experienced electric "zaps."

Result

The jury found in favor of Eli Lilly.

Other Information

FILING DATE: April 17, 2013

Deliberation

three hours

Poll

unanimous

Length

four days


#95656

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390