DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131350P.pdf 03/10/2014 Timothy Boehm v. Eli Lilly & Company
U.S. Court of Appeals Case No: 13-1350
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Loken, Author, with Colloton and Benton, Circuit Judges]
Civil case - Products liability. In action alleging defendant failed to
warn treating and prescribing physicians of the risk that long-term use of
the antipsychotic drug Zyprexa could lead patients to develop tardive
dyskinesia, the district court did not abuse its discretion by excluding
plaintiff's expert's testimony that 15% of users would develop the
condition as the testimony was not supported by sufficient scientific data
or sources; the district court did not err in granting defendant's motion
for summary judgment on plaintiff's failure-to-warn claim based on
Arkansas's learned intermediary doctrine; assuming Arkansas would
recognize an "over-promtion" exception to the learned intermediary
doctrine, there was no evidence that defendant over-promoted the drug,
thereby negating an otherwise adequate warning of risk.