Welcome to the Informational Website for the Legal Pleadings and Discovery Documents produced in the Zyprexa® Purchase Claim Litigation

A Summary of the Zyprexa Purchase Claim Litigation

Class Certification

On September 5, 2008, the United States District Court for the Eastern District of New York certified a class of Third Party Payors that paid or reimbursed for Zyprexa for persons covered from June 20, 2001 to June 20, 2005. The lawsuit alleges that Eli Lilly and Co. understated the side effects associated with Zyprexa; overstated the efficacy of Zyprexa; improperly promoted Zyprexa as superior to similar medications; marketed Zyprexa for unapproved indications; overcharged for Zyprexa; and conspired with other parties to accomplish the overcharging and over-promoting of Zyprexa. The lawsuit further alleges that, as a result, Third Party Payors overpaid for the drug.

Lilly denies these allegations. Lilly states that its conduct has been lawful and that it has defenses to all of the claims. Lilly further states that the claims fail as a matter of law and that Third Party Payors are not entitled to any recovery.

Unsealed Lilly Documents

On September 5, 2008 the United States District Court for the Eastern District of New York unsealed approximately 350 documents produced by Eli Lilly and Co. that had previously been subject to a protective order. The court stated, "All documents, reports, depositions, arguments, and transcripts referred to in the First Amended Complaint, the motions to dismiss, motions for summary judgment (including plaintiffs' Fact Proffer), and certification motions are unsealed" and ordered a special master to supervise the unsealing of the documents. The Court expressly approved Plaintiffs' plan to post the unsealed documents and pleadings on a website as an appropriate means of sharing this information with the interested public. The unsealed documents may be viewed by following the links at the top of this page.

The court also certified for consolidation with the immediate appeal of the class certification, an interlocutory appeal as to the denial of summary judgment in the case. Currently, Defendant Eli Lilly and Co. is pursuing an immediate appeal of the class certification, and an interlocutory appeal of the denial of its' motion for summary judgment. The appeal is pending before the United States Court of Appeals for the Second Circuit. No decisions have been made or entered by the Court of Appeals at this time.