Finding an attorney experienced in Zypexa litigation and other similar pharmaceutical drug litigation is your first major step. An attorney who is well schooled in drug litigation will know the parties who can be sued. Patients who claimed to have developed diabetes, pancreatitis. or other illnesses after using Zyprexa will most likely sue Eli Lilly & Co., the makers of Zyprexa. The attorney will also consider the impact on your claim in light of the recent June 2005 settlement in which the drug maker agreed to pay $690 million, without admitting any wrongdoing on its part, to about 8000 claims filed by patients who developed diabetes and other diseases after taking the antipsychotic drug Zyprexa. According to the settlement agreement, the company’s critical documents are sealed and not available to other attorneys or health professionals. The agreement, however, does not foreclose the filing of additional suits. Suffered harm from Zyprexa? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
Other potential entities in the distributive chain are the pharmaceutical sales representatives, the testing laboratories, or the pharmacist who filled the prescription. You may also have a Zyprexa lawsuit against your health care physician. If you started taking Zyprexa after 2003 and were not warned about the possibility of developing diabetes or were not monitored for diabetes, your doctor may be liable for malpractice. Even if you started taking Zyprexa before 2003, there was a warning on the labeling about a risk of developing diabetes so your doctor should have at least been aware of the risk and probably should have been watching you for symptoms. Discuss this issue with your Zyprexa attorney to see if your doctor shares liability with Eli-Lilly in your particular case.
Getting into the right court is also a consideration. An experienced injury attorney who handles Zyprexa litigation knows the right forum, judge, and jury who are most sympathetic to your Zyprexa injury (or hostile to large pharmaceutical opponents). Your lawyer will look to the court that hand out high verdicts (i.e., cases tried in urban areas typically have higher verdicts than those in rural locations).
Zyprexa lawsuits can be very complex. And, there is a time period for taking actions (known as the statute of limitations). It varies by state and depends on the specific facts of each case and the type of case. If you do not file within that time, you lose your right to sue and your right to recover any money for your injury. Suffered harm from Zyprexa? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. |