What defenses will Eli-Lilly and/or my doctor rely on?
Eli-Lilly’s defense will most likely center around the fact that there was, in fact, always a warning on the Zyprexa packaging, even though it may not have at first been very obvious. Eli-Lilly will point out that the packaging was changed to include a stronger, more prominent warning with a recommendation for monitoring or testing when the FDA requested the change, and that they also sent a letter to health care professionals recommending testing or monitoring for patients taking Zyprexa. The strength of this defense will rest, in part, on when you started taking Zyprexa; on what warnings you were given about side effects; and whether your doctor monitored you for signs of developing diabetes.
If your doctor is also a party to the suit, you can expect that his defense will try to shift all blame to the Eli-Lilly, stating that the manufacturer did not emphasize the risk of developing diabetes or the need for testing. He or she may also argue that the company or its representatives downplayed the likelihood of developing diabetes and that it was reasonable for him or her to rely on the company’s representations. How strong this argument is will depend on the specific facts of your case. Your attorney will be able to advise you.
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