Eli Lilly says it will settle SC suit

-GoUpstate

10/08/2009 - A spokeswoman for a major drug manufacturer said Wednesday that a "tentative settlement" to a lawsuit filed by the state of South Carolina has been reached.

The Attorney General's office, however, said a confirmed agreement between the state and Eli Lilly & Co. does not exist.

"We've reached a tentative settlement with the state," Lilly spokeswoman Marni Lemons said, adding that terms will be confidential until they are finalized.

"As of this moment, there is no confirmed settlement," Mark Plowden, communications director with the Attorney General's office, said Wednesday afternoon.

The state filed a lawsuit in May 2007 alleging that Lilly improperly marketed Zyprexa, an anti-psychotic approved by the Food and Drug Administration for treating schizophrenia and bipolar disorder, for unapproved uses and without disclosing side effects.

South Carolina planned to ask for $6 billion during the case's trial. Bloomberg.com, which first reported the settlement Wednesday, said South Carolina was seeking a $5,000 fine for more than a million Zyprexa prescriptions -- a total of $5.74 billion -- issued in the state since 1997.

Plowden reiterated that the Attorney General's office does not yet have a confirmed settlement but said the office does "expect a big victory."

Lemons said Zyprexa is Lilly's largest- selling prescription. She said the company's 2008 sales of the drug were $4.7 billion worldwide.

Lilly agreed in January to a $1.4 billion settlement with the U.S. Department of Justice. That amount included $362 million to more than 30 states and was the largest paid by a single defendant, according to the Department of Justice. Following an investigation, Lilly was accused of encouraging doctors to prescribe the drug off-label for "treatment of dementia, Alzheimer's, agitation, aggression, hostility, depression and generalized sleep disorder." Zyprexa was not approved for use of those disorders.

Several states that did not participate in the January settlement continued pursuing their own suits.

Lemons said eight lawsuits in states remain pending, not counting South Carolina. She said attorneys in those lawsuits are in "advanced discussions" toward resolution.

Lemons said Zyprexa is a "life-saving" medicine that's helped millions of people overcome debilitating disorders. She said Zyprexa has been on the market since 1996 and will remain available "for any and all patients in South Carolina."

If you or a loved one have experienced Zyprexa side effects you may be entitled to compensation. Contact the Zyprexa attorneys of Ennis & Ennis today for a free confidential case evaluation. Our on staff nurse and lawyers are standing by to answer any questions you may have regarding Zyprexa side effects, a possible Zyprexa class action lawsuit, or any other type of Zyprexa litigation.