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States Target Lilly Over Zyprexa Marketing

Montana is the latest of seven states to file a lawsuit against Zyprexa maker Eli Lilly over claims that the company engaged in fraudulent and illegal marketing practices. The state is seeking damages for prescription costs and patient harm.

According to the complaint, Lilly promoted Zyprexa for off-label uses—which is an illegal practice. While federal law allows doctors to prescribe drugs for uses not approved by the FDA, it prohibits pharmaceutical companies from marketing their drugs for such uses.

Zyprexa is approved to treat schizophrenia and bipolar disorder. However, Lilly is accused of marketing the drug for use in treating dementia, autism, and depression among numerous other things.

The Marketing Campaign

The lawsuit alleges that Lilly enlisted a 280-person sales force to market Zyprexa for non-approved uses and “instructed its representatives to minimize and misrepresent the dangers of Zyprexa, affirmatively and consciously placing company profits above the public safety.”

Because of Lilly’s off-label marketing campaign, Zyprexa became the company’s top selling drug, Montana said in its complaint.

Montana is seeking unspecified reimbursement for Medicaid prescription costs as well as for harm suffered by patients who took the drug, which has been linked to an increased risk of diabetes.

Lilly Under Fire

A federal probe is currently looking into the company’s marketing practices. In the meantime, Lilly is also being targeted in complaints filed by Louisiana, West Virginia, Mississippi, New Mexico, and Alaska. The suit filed by Alaska is set to go to trial next spring.

Over the past year, Lilly has settled more than 28,000 Zyprexa lawsuits for as much as $1.2 billion. The company still faces approximately 1,300 additional claims.

Injured by Zyprexa? You may be entitled to recover your damages. Please contact us today for a FREE consultation with an experienced and proved Zyprexa lawyer.

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