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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.