The state of Utah through its Attorney General filed a lawsuit yesterday in the U.S. District Court against the pharmaceutical giant Eli Lilly and Co. The drug company is the maker of Zyprexa, an antipsychotic drug that has been linked to serious side effects such as pancreatitis, high blood sugar levels, diabetes, and acute weight gain.
“Off-Label” Marketing by Lilly
The state’s lawsuit accuses Lilly of both misleading consumers and doctors about the risks of the drug and marketing the drug for non-FDA-approved uses. Although physicians are free to prescribe drugs for disorders not yet approved by the FDA, pharmaceutical companies such as Lilly are prohibited from marketing their drugs for non-approved uses.
The FDA approved Zyprexa only for the treatment of bipolar disorder and schizophrenia. Lilly allegedly also marketed Zyprexa to physicians as a treatment for “off-label” disorders such as anorexia, Alzheimer’s, and Tourette’s syndrome.
Medicaid Subsidies for Zyprexa Prescriptions
The lawsuit contends that the state of Utah was misled about the serious risks for patients who were prescribed Zyprexa through the Medicaid program. As the lawsuit states, “Utah has paid millions of dollars for inappropriate and medically unnecessary doses of Zyprexa. As a result, Lilly has been illegally enriched at the expense of the State.”
Utah thus joins five other states that have sued Lilly to recover civil damages and penalties for misleading Zyprexa marketing by Lilly: West Virginia, Louisiana, Mississippi, New Mexico, and Alaska.
(Source: The Salt Lake Tribune)
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