McGraw’s Zyprexa case sent to federal court in Brooklyn

by Steve Korris

West Virginia Attorney General Darrell McGraw’s lawsuit against drug maker Eli Lilly and Company has landed in federal court at Brooklyn.

The federal Judicial Panel on Multidistrict Litigation on Oct. 18 consolidated McGraw’s suit into a mass of claims in the Eastern District of New York.

McGraw sued Eli Lilly at Mason County courthouse in Point Pleasant in February, claiming the antidepressant drug Zyprexa harmed West Virginia citizens.

Eli Lilly removed the suit to U. S. District Court in Huntington in April and moved to transfer it to the Eastern District of New York.

At the federal court in Brooklyn, U. S. District Judge Jack Weinstein handles a mass of Zyprexa claims under authority of the multidistrict panel.

McGraw argued that his suit did not belong with the others in Brooklyn because the others sued as individuals and he sued for a state.

He argued that he raised issues of West Virginia law while the others raised issues of product liability.

Multidistrict panel chairman Terrell Hodges, U. S. District Judge in Florida, wrote in a transfer order that, “We are unpersuaded by this argument.”

He wrote, “Regardless of the differences in legal theory, the claims in the Southern District of West Virginia action similarly arise from representations about the safety of Zyprexa and its adverse effects, in particular, the incidence of diabetes and related diseases in users.”…


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