The state of Mississippi is seeking $100 million from Eli Lilly over the company’s alleged improper marketing of Zyprexa – the fifth such lawsuit filed by a state concerning marketing of the drug.
Mississippi charges that Lilly promoted the drug for unapproved uses, including for children.
“We certainly don’t want to bankrupt a company,” Attorney General Jim Hood told The Indianapolis Star, “but at the same time we have a duty to get what the state’s owed.”
Hood’s claim includes money spent on Zyprexa to treat the unapproved symptoms, as well as reimbursement for diabetes-related injuries the drug caused some Medicaid recipients.
"Because we haven't been served with the lawsuit, we cannot comment, Terra Fox, a Lilly spokesman, told MM&M.
Second-quarter sales of Zyprexa, on the market since 1996, totaled $1.12 billion, a 2% increase year-over-year. US Zyprexa sales fell 1% to $542.9 million.
Mississippi is likely to work together with the other states that have sued: Louisiana, Florida, Alaska and most recently West Virginia.
Last year Lilly paid $1 billion to settle 10,500 US legal claims by Zyprexa users alleging they suffered diabetes-related injuries from the drug. Another 5,500 claims are pending from US users, plus five class-action lawsuits in Canada.