Calling Mississippi Attorney General Jim Hood’s lawsuit against Eli Lilly & Co. a “slash-and-burn style of litigation,” the federal judge overseeing Zyprexa lawsuits has granted Lilly summary judgment.
U.S. District Judge Jack Weinstein issued a 117-page order Tuesday that noted the benefits of Zyprexa in treating antipsychotics despite allegations of off-label marketing and weight gain-related side effects like diabetes while writing that lawyers for Mississippi failed to make a case for penalties.
Out of more than 40 states that filed claims against Lilly, Mississippi is one of the few that hasn’t settled and the first to suffer such a setback. Hood’s office did not respond to a message seeking comment.
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Bailey Perrin, which donated $75,000 to Hood, is also representing the states of Arkansas, Pennsylvania and Louisiana. None of those three states have finalized settlements, but Louisiana appears to have reached a tentative one. The other two cases are in state court and have not reached tentative settlements yet.