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Federal Court Rejects Lilly's Preemption Argument in Utah Zyprexa case

FYI
Gavel-Hi20Res.jpg SMALLJ picture by DannyHaszard 

On Sept. 4, a federal court in Utah ruled against Eli Lilly which sought to
absolve itself of Zyprexa liability.

The State of Utah sued Eli Lily alleging that the State had paid for
inappropriate,
unnecessary and unauthorized off-label use of Zyprexa, and that it was
entitled to relief
including the future costs of care for Medicaid recipients allegedly harmed
by the drug.

Lilly invoked FDA's Preemption Rule which claims sole jurisdiction over drug
safety issues.

This gift to the pharmaceutical industry was crafted by FDA's chief counsel,
Daniel Troy,
before he went back to a law firm representing pharmaceutical companies.

In effect, FDA preemption would deny citizens the right to seek relief for
preventable harm
caused by manufacturers' failure to warn about serious adverse effects
linked to their
FDA-approved prescription drugs.

The court rejected Lilly's effort to remove the case from state court
jurisdiction
underscoring the court's "presumption against preemption." In an almost
conclusory fashion,
the Utah district court cited the following precedents:

1. Supreme Court Justice Scalia’s bon mot in Alexander v. Sandoval, 532 U.S.
275, 291 (2001), that “[a]gencies may play the sorcerer's apprentice but not
the sorcerer himself.”
(In Sandoval, Scalia was referring to agencies’ power to create a federal
cause of action;
here, the same metaphor is applied to agencies’ power to preempt state law.)

2. An earlier district court opinion from Louisiana which rejected FDA's
assertion of preemption:
“To take such drastic action based solely on a preamble inserted at the
eleventh hour and drafted by an agency without the express or implied
authority to abolish such remedies is Draconian and unacceptable.”
 
 
Daniel Haszard www.zyprexa-victims.com
 
 
 

Posted in these Groups:
Topics: News, information, life
posted by ZyprexaNews on Monday, September 17, 2007 at 09:47 AM
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Eli Lilly Invest in Zyprexa successor.
 
Patent protection for,Lilly's zyprexa cash cow expires in 2011 will this new drug be an improvement?
zyprexadrum.jpg MEGA ZYPREXA picture by DannyHaszard
Interesting comments at this discussion thread
 
" The new drug that Lilly is testing in very early stages works less effectively than Zyprexa, but has reportedly fewer (not "no side effects").
 
(1) the test is one-fifth the size of a statistically accurate study,
 
(2) is, at 4 weeks, too short term to see its effects on diabetes, cholesterol levels or, for that matter, heart problems (like Biaxin),
 
(3) is the first of its kind and has not been corroborated, and
 
(4) the initial test results that Lilly published about Zyprexa were just as rosy as this one."
 * * * * *
From Lilly's own PR news wire:
 
"About LY2140023
LY2140023 is an investigational drug from Lilly, which is being developed as a new treatment option for schizophrenia.
 
 Most currently approved antipsychotic medications work by affecting the neurotransmitters dopamine or serotonin. For LY2140023, the active substance, LY404039, is thought to work by reducing the presynaptic release of another neurotransmitter, glutamate, in brain regions where mGlu2/3 receptors are expressed.
 
Further studies are planned or are ongoing to learn more about the safety and effectiveness, including determining an optimal therapeutic dose for LY2140023."
 
* * * * *
 
Daniel Haszard www.zyprexa-victims.com
 
172px-Olanzapine3d.png picture by DannyHaszard 
Zyprexa Molecule
 
 
Posted in these Groups:
Topics: Zyprexa
posted by ZyprexaNews on Thursday, September 6, 2007 at 02:11 AM
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