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What are the major legal issues involved in a case when someone develops diabetes as a result of taking Zyprexa?
A case involving complications from the use of Zyprexa will most likely be brought under the theory of product liability – in other words, the manufacturer of Zyprexa (Eli-Lilly) put Zyprxa on the market and kept Zyprexa on the market without adequate warnings about the possible development of diabetes even though Zyprexa was unreasonably dangerous. It appears that Eli-Lilly knew when it released Zyprexa on the market in 1996 that developing diabetes was a complication of taking the drug. There was a warning of this particular complication buried deep in the adverse reaction section of the drug’s labeling. However, despite the potential for serious complications from the onset of diabetes, there was no recommendation to monitor patients who take Zyprexa for symptoms of diabetes and the warning about diabetes stayed buried where it was easy to overlook. Finally, in September of 2003, the FDA requested that Eli-Lilly add a more stringent warning about the link between Zyprexa usage and the development of diabetes. Eli-Lilly complied with this request and, in March of 2004, sent out a letter to health professionals recommending monitoring patients who took Zyprexa for signs of diabetes.
These facts should help your attorney show that Eli-Lilly is at least partially responsible for your diabetes. It is also disturbing that the FDA took seven years to notice that Zyprexa’s packaging didn’t carry very effective warnings; this may also be an avenue of liability that your attorney may want to explore.
Depending on when you began taking Zyprexa, your doctor may also be found to be at fault. Eli-Lilly did make the warning about the link between diabetes and Zyprexa usage more prominent in the fall of 2003 and sent a letter to health care professionals in March of 2004 actively recommending that patients taking Zyprexa be monitored for signs of diabetes. If you started taking Zyprexa after those dates 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 those dates, 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 attorney to see if your doctor shares liability with Eli-Lilly in your particular case.
Other possible defendants in your case may include the pharmaceutical sales representatives who worked with your clinic or the pharmacist who filled the prescription. To sustain a claim against the sales rep, you would need to show that the sales rep either downplayed the risk of developing diabetes from your doctor or provided some type of incentive that was sufficient to persuade doctors to prescribe Zyprexa without taking the diabetes risk into account. This information would probably be available from your doctor or clinic, but it may be difficult to get the information from them. A case may be brought against the pharmacist if he or she did not properly warn you of the side effects of taking Zyprexa; however, the pharmacist’s defense is going to be that it was the duty of the doctor to warn you and monitor you for signs of diabetes. Therefore, these are not the strongest parties to go after in a lawsuit. |
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When was Zyprexa approved by FDA? What is it used to treat? What are the adverse side effects of taking Zyprexa?
The link between Zyprexa and the development of diabetes has been well-documented and well-publicized. Am I just throwing money away to go to an attorney about my case when it seems that I should be able to negotiate a settlement with the company on my own? Would there be a benefit to joining a class action in my case?
What are the major legal issues involved in a case when someone develops diabetes as a result of taking Zyprexa?
Are there any special considerations in a case involving Zyprexa?
What defenses will Eli-Lilly and/or my doctor rely on?
What types of damages are available if I have developed diabetes as a result of taking Zyprexa?
My doctor prescribed Zyprexa to treat my bi-polar disorder. I have now developed diabetes. My doctor says that my diabetes was caused by genetics – I have an extensive family history of diabetes. Is it even worth trying to prove that there is a connection between my Zyprexa usage and my diabetes?
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