On Monday, the 2nd Circuit ruled that the plaintiff in the Zyprexa lawsuit knew (or should have known) that Zyprexa potentially caused his diabetes more than two years before he sued Eli Lily.
Plaintiff was told by his doctor that he had diabetes in the late 1980’s or early 1990’s. He was prescribed Zyprexa in 1997 and continued taking it until late 2001, when his doctor took him off took him off of the drug due to weight gain.
Plaintiff’s lawsuit (filed in 2006) claimed that while taking the drug, his glycemic control significantly worsened and that towards the end, he developed diabetes-related complications.