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April 7, 2009: Lilly, Plaintiff Group Settle Zyprexa MDL Claims

By Tina Peng

Law360, New York (April 07, 2009) — A group of plaintiffs has reached a settlement with Eli Lilly & Co. in the continuing multidistrict litigation over the pharmaceutical company’s antipsychotic drug Zyprexa.

In a Thursday motion in the U.S. District Court for the Eastern District of New York, the plaintiffs and Lilly asked the court to establish a qualified fund for the confidential settlement, appoint a settlement administrator and place the court file under seal.

The plaintiffs, who filed suit in the district court in 2007, alleged that Lilly’s misrepresentation of Zyprexa and its side affects had caused personal injuries, physical pain and mental anguish, including pancreatitis, hyperglycemia, diabetic coma and loss of earnings, according to the original complaint.

In the Thursday motion, Lilly emphasized that it “denies any and all liability to the plaintiffs” and believes that “it is not liable for any claims, asserted or unasserted, and that it has good defenses thereto.”

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Andrew Finkelstein

Mr. Finkelstein is the Managing Partner of Finkelstein & Partners, LLP. He has become a noted consumer activist through his representation of injured individuals against corporate wrongdoers and irresponsible parties. An accomplished litigator, Mr. Finkelstein has represented Plaintiffs in wrongful death and catastrophic personal injury cases. He has successfully handled dozens of multi-million dollar cases.