Tuesday, October 17, 2006

Zyprexa Settlement Approved

Article from Sept. 28 by Jeff Swiatek of The Indianapolis Star -- $700M Zyprexa Deal OK'd by Judge:

A federal judge has given his blessing to Eli Lilly and Co.'s complex $700 million settlement with Zyprexa patients, who should see the money soon after lawyers and Medicare and Medicaid take their cuts.
...
The order by Judge Jack B. Weinstein, of federal court in Brooklyn, N.Y., posted on the court's Web site Tuesday, is one of the last steps in carrying out the private settlement by Lilly to deal with thousands of lawsuits and potential lawsuits against it over its antipsychotic Zyprexa.
Patients alleged the schizophrenia drug, Lilly's best-selling product, caused diabetes-related symptoms, including weight gain and high blood-sugar levels.
Payments will range from $5,000 lump-sum awards to more than $100,000 per person.
Notably, the Zyprexa deal is a mass aggregate settlement of about 8000 individual claims in the MDL, rather than a class action settlement.  Although it's not a class action and therefore not governed by the judicial approval requirement of Rule 23(e), Judge Weinstein took the unusual step of reviewing the settlement, and also capped attorneys' fees.  Another interesting aspect of the deal, according to the Indianapolis Star article, is that it includes a reimbursement plan for Medicare's and Medicaid's share of the settlement funds.
HME

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Comments

Eli Lilly needs to get a grip on it's outstanding zyprexa personal injury settlement claims.
Daniel Haszard Bangor Maine zyprexa caused my diabetes http://www.zyprexa-victims.com

Posted by: Daniel Haszard | Oct 17, 2006 11:44:23 AM

Could you please tell me what the cap is that the judge ordered? What is the percentage rate of the cap? Last year my son had renegotiate the fee from the original 40% down to 30% due to the amount of time the lawyer spent on his case. He has received a check with papers for him to sign saying that he holds harmless .... He thinks that this is being done in the wrong order. That he should be signing the papers first and then receive a check from his attorneys. He smells a rat and wants to see exactly what the fees where capped at? Thank you very much.
From a mother whose son was deeply harmed by this Zyprerexa.

Posted by: Colleen Walsh | Nov 3, 2006 4:45:22 PM

CW -- This blog is set up to provide news and information for law professors and others with a general interest in mass torts. It cannot be a source of legal advice. Clients seeking legal advice about a settlement may contact their attorney, another attorney, the court, or the special master supervising the settlement.

Posted by: Howard Erichson | Nov 5, 2006 11:37:07 AM

If someone were to state Mental illness does not exist, all one would have to do in order acquire a meager concept of Mental Illness would be to take a cursory look at THE GROUPs associated with inventing such mental illnesses (i.e. its sources). That is an extremely bold statement to make. "...inventing mental illnesses.". I suppose this argument presents the paradox of the all too common question of "did the egg come before the chicken?”, or “did the Psychiatrist come before the mental illness?”.

Why would someone like me or millions of others even begin to imply such a blithe notion that Mental Illness is invented by a group of charlatans? After all, people do have rough days, drink excessively and sometimes feel nervous speaking in front of audiences. Adults can also, not even mentioning children, have a bit of difficult time sitting still, in hard wooden or plastic chairs, and concentrating for extended periods of time. After all, couldn’t the entire sum of human responses or emotional difficulties be categories as mental illness. (e.g. recently purported jet lag is a mental illness and can be addressed with medication). Since the mental health experts are only able to diagnose and adjudicate a patient’s mental stability based solely on subjective intuition, where unfortunately lacking a clear-cut blood or forensic test. Couldn’t any and all abnormality (besides of course physically in nature) be classified and/or categorized as a mental health problem (e.g. picking of nose, road rage, excessive surfing of the internet, etc.)?

Without a doubt, no one would argue that any eccentricity in human behavior found could be classified, codified and categorized as a mental health illness. Perhaps because (as reported) mental illness is way too complicated of a subject, is it too much to ask for accurate causes thus leading to such a diagnosis and medication? - meaning, hypothetically; who wouldn’t demand answers from their car mechanic explaining the cause and source of their engine problems, let alone ongoing visits (2-5 visits weekly) to get the same engine tuned or adjusted? Personally, I would want some answers.

What about all the millions of people who have supposedly been assisted by the myriad of FDA rated Class II anti-psychotics/depressants drugs currently on the market (compared by many experts and the FDA to have similar side effects and as addictive as heroin)? How could one deny that people actually feel and operate better on these high powered narcotics? After all, it doesn’t take a genius to see that Johnny is now able to sit still in those hard plastic/wooden chairs in class, and that Betty is certainly able to attended social gatherings without eating up her insides.

Do these drugs change the way we feel?

What’s wrong with the way we feel and who is saying it? Can the root (Psychiatry, Pharmaceutical, DSM, etc.) of all these dreaded mental disorders cure the actual cause(s) of what’s wrong with people in society, or are we going further down a road with more classifications, more people (children too) entwined in chemical straitjackets, addicted to medication (thus turning a profit) and a whole new brave world where everyone on the street has some “disorder” that can be cured with a magic little pill? In ten years from now, will the topics of conversation be “What disorder do you have and what are you taking for it?” Hasn’t a patterns been forming here where the Pharmaceutical companies have been engaging in putting the illicit drug lords out of business? Who wouldn't want some of the cheddar?

Not only do we have synthetic mental disorders being created; we now have Eli Lilly generating more business in the form of unnatural creation of diabetes.
See: www.cchr.org

Posted by: PepsiJuror | Mar 9, 2008 10:16:06 AM

My case that will help prove Eli-Lilly's guilt about their actions that influenced the doctors is being made to disappear by lawyer of victims like myself and I will still have to pay if they don't try to drop the case. Why would a group of doctors take turns writing prescriptions in a private hospital for Zyprexa for one patient and increase the dose to 25 mg. until this 42 year old man is dead in 2 years. Oct 23, 2005, he died of sudden cardiac death from a doctor writing, pararoid schizohrenia but had a dementia evaluation earlier that year. The sad part about it all, they will get away with it. Eli-Lilly said they have done nothing wrong and want to settle a criminal investigation and continue selling Zyprexa too the government and private insurances. My husband wasn't on medicaid, but you haven't heard a word about us, and you won't. I would like an e-mail from the Hon. Jack Weinstein's office if possible.

Posted by: yvonne mcgee | Apr 11, 2008 4:15:55 PM

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