Zyprexa class action lawsuit filed in Canada
ZYPREXA has become the subject of British Columbia class action lawsuits, with victims claiming that Eli Lilly "knew or ought to have known" that this drug proposed to treat certain conditions, had disastrous side effects. It is important to point out that law firms in Canada have been far more active in bringing lawsuits against US drugmakers. One Canadian law firm has already filed a class action lawsuit against Eli Lilly in the Prozac case.
ZYPREXA, manufactured by Eli Lilly and Company, and distributed in Canada since 1996, is among a group of drugs called the "atypical antipsychotic drugs" prescribed for the treatment of certain disorders, including schizophrenia and bipolar disorder. It blocks the action of serotonin and dopamine, producing a tranquilizing and antipsychotic effect.
The Zyprexa action filed last week in British Columbia alleges a direct link between Zyprexa and diabetes. The Plaintiff, a resident of a home for mentally disabled people, alleges that his use of Zyprexa resulted in diabetes. Options available to this patient for the treatment of the original mental condition are now egregiously limited because of the Zyprexa-induced diabetes.
There were 6 million prescriptions for Zyprexa in Canada over the 12 months ending October 2003. Total sales in Canada were valued at $223 million in 2002 and over $4 billion worldwide in 2003. Zyprexa has been associated with an increased risk of developing diabetes, hyperglycemia, pancreatitis, ketoacidosis and other injuries. In an October 16, 2003 press release, Eli Lilly disclosed a Health Canada order directing it to include updated information on hyperglycemia and diabetes on the labels of their antipsychotics.
This statement of claim reads, in part, "Eli Lilly purposefully minimized and understated health hazards and risks associated with Zyprexa. Eli Lilly, through literature and oral statements, deceived potential users of Zyprexa and their physicians by relaying positive information, including testimonials from satisfied users and by manipulating statistics to suggest widespread acceptability, while downplaying the known adverse and serious health effects of the drug. Eli Lilly falsely and fraudulently withheld relevant information from potential users of Zyprexa."
"Once again we have more evidence of what is becoming epidemic, and that is the pharmaceutical industry's irresponsible promotional zeal, unashamedly downplaying or ignoring evidence that might be injurious to their marketing goals," said lawyer Jim Poyner. " (Related article: Vioxx patients were misled by Merck through deceptive advertising)
Under B.C.'s "Class Proceedings Act," a suit is brought in the name of one individual as "representative of a class." Each of these actions cites the case of one person, but if certified by the Supreme Court, they will represent and potentially benefit everyone in the province who has suffered the negative consequences of using Zyprexa.
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