Are there any special considerations in a case involving Zyprexa?

When Zyprexa first came out, Eli-Lilly did include a warning about the risk of developing diabetes as a result of taking the drug. However, that warning was almost hidden, buried in the middle of the adverse reaction section of the drug’s label, and it is reasonable to believe that patients and perhaps even doctors missed it or did not realize how significant the risk is. Furthermore, the warning did not recommend testing or monitoring patients for signs of diabetes. In September of 2003, the FDA requested that Eli-Lilly prominently warn of the link between Zyprexa usage and diabetes and recommend that patients taking Zyprexa be monitored for blood sugar abnormalities, particularly if the patient was obese or had a family history of diabetes. Eli-Lilly also sent a letter out to health care professionals in March of 2004, specifically recommending that patients taking Zyprexa be monitored for signs of diabetes.

This history will help your case by showing that Eli-Lilly knew there was a danger and that, while it did warn of the danger, the steps taken weren’t completely reasonable. The original warning was difficult to find and did not specifically recommend testing or monitoring. The FDA found this insufficient and Eli-Lilly complied with their request to change the warning, additionally sending a letter further emphasizing the need for testing and monitoring.

If you were prescribed Zyprexa after March of 2004 and your doctor did not monitor you for the development of diabetes, there is a further argument that your doctor did not give you a reasonable standard of care. By that date, not only had the warning been changed and made more prominent, but Eli-Lilly had sent a letter to health care professionals pointing out the danger and recommending the additional step of testing or monitoring. If your doctor failed to follow the recommendations in that letter, you may be able to prove that you did not receive the standard of care required in the health care industry.