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)
Defendant
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
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