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Lilly Scores A Win In Zyprexa Class Action

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A proposed class action lawsuit against Eli Lilly over its antipsychotic drug Zyprexa has been rejected by the U.S. Supreme Court because the case doesn’t fit the requirements for a class action. The lawsuit had been filed on behalf of thousands of third-party payers against Lilly for allegedly misrepresenting Zyprexa’s efficacy and safety. The lawsuit also claimed that the plaintiffs overpaid for the drug because of aggressive marketing for off-label uses.

A trial judge had approved the class action, but a U.S. circuit court rejected the class action because the plaintiffs did not prove a direct link between the price of the drug and the mismarketing. According to a Bloomberg report, plaintiffs, including pension funds, unions and insurers, appealed, saying Lilly “violated a federal racketeering law by making fraudulent claims about Zyprexa’s safety and effectiveness and promoting it for non-approved uses.”

FiercePharma reported that the Supreme Court has ordered the trial judge to decide whether the plaintiffs could pursue individual claims.

The proposed class action lawsuit was seeking $6.8 billion. disclaimer: This article: Lilly Scores A Win In Zyprexa Class Action was posted on Tuesday, June 28th, 2011 at 7:42 pm at and is filed under Defective Drug Lawsuits.

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