Alaska Judge: FDA isn't capable of policing this matter The jury is expected to get the case by week's end.

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Anchorage Daily News

Defense opens in Zyprexa trial

By LISA DEMER

March 22nd, 2008

In an Alaska courtroom, drug maker Eli Lilly is finally getting to

defend itself against accusations that it failed to warn doctors and

patients of health problems from its best-seller, Zyprexa.

The judge suggested Lilly has its work cut out for it.

Without lawsuits like the one the State of Alaska brought against Lilly,

claims that drugs cause health problems " might well go unaddressed, "

Anchorage Superior Court Judge Mark Rindner said from the bench this

week.

The jury was out of the room. The state had just rested. Lilly asked the

judge to issue an immediate verdict in its favor, a routine step at that

point in a trial.

Rindner was reacting to an assertion by Lilly lawyer Lehner that

drug regulation is a matter for the federal Food and Drug

Administration, not any state. Alaska's Unfair Trade Practices and

Consumer Protection Act shouldn't apply to drugs, Lehner told the judge.

Rindner disagreed. Evidence presented by the state over the past two

weeks established that the FDA " isn't capable of policing this matter, "

he said.

Jurors have been hearing testimony since March 6 about Zyprexa, used to

treat schizophrenia and bipolar disorder.

The state is suing for hundreds of millions of dollars to cover costs to

Medicaid for treating what it says are Zyprexa-related health problems

including weight gain, high blood sugar and diabetes.

See here for the rest of the story:

http://tmap.wordpress.com/2008/03/22/defense-opens-in-zyprexa-trial/

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