In today's Speaking of Justice, LBN host Scott Drake sits down with noted national expert, Attorney Roberta Ashkin to discuss the recent settlement by Eli Lilly with the State of Alaska over anti psychotic drug Zyprexa. This case, which settled during the trial for $15 million has wide spread implications that have been poorly reported and poorly understood in the business media. LBN, as usual, will bring you the story that you really need to know about as regards the implications of the Zyprexa settlement.

The origin of this case was a suit brought by the Alaska for reimbursement of Medicare or Medicaid prescriptions written for Alaska residents, at an average of $5000 per case, on the theory that the manufacturer had not adequately warned about the drugs side effects of excessive weight gain, risk to diabetics and subsequent illness and medical risks that this created to a wide class of people who used the drug. While effective as an antipsychotic in many cases, these secondary risks were glossed over or poorly explained and resulted in health and medical issues for a large number of residents. In addition, it was marketed for off label uses that went well beyond it's studied or approved uses by the FDA.

Roberta Ashkin, in this podcast on both the Alaska case and the larger picture of Zyprexa litigation, discusses the foundation of these cases, the implication in other state reimbursement cases as well as the looming issue of preemption and the part it played in this case being settled. What at first look seems like a minor settlement and a win for Eli Lilly in making this go away, actually has broad implications on other similar cases in many states.

The timing of the settlement, three weeks into trial, was curious and if you want to know more we strongly urge you to listen to this podcast on Zyprexa litigation, a featured commentary brought to you exclusively on The Legal Broadcast Network. 

You can also find the WSJ article on the Alaska settlement with Eli Lilly by clicking here.