After the April issue went to the printer, Eli Lilly agreed to pay $15 million to settle Alaska’s Zyprexa lawsuit. We had written about the trial which was in progress at the time. It should be noted that Alaska was able to get a “favored nation” provision in the settlement. As a result, that state will be treated as well as any other state that resolves similar claims in the future. That means that if any other state receives a larger jury verdict or settlement, Alaska will get an additional amount to bring its total up to that amount.
As we reported, Alaska had accused Lilly in the lawsuit of failing to properly warn the state and healthcare providers that using Zyprexa could result in weight gain, high blood sugar and diabetes. Connecticut also had sued Lilly on March 11th over Zyprexa, accusing the drug company of concealing side effects and promoting the drug for unapproved uses, including the treatment of children. Other states will file similar suits in the next few weeks.
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