Utah sues Zyprexa makers

The Attorney General of Utah estimates approximately 1,500 Utah adults with insurance coverage through Medicaid have developed diabetes because they took the antipsychotic drug Zyprexa.

About 100 Utah patients have already individually sued Eli Lilly & Co., according to assistant Attorney General David Stallard. Others "may not have any idea that Zyprexa had anything to do with them developing diabetes," he said.

The Utah patients accuse Eli Lilly & Co. of pushing physicians to prescribe the drug to Utah Medicaid patients to treat "off-label" conditions like Tourette's Syndrome, Alzheimer's and Anorexia.

The federal Food & Drug Administration approved Zyprexa for treatment of schizophrenia and bipolar disorder. While doctors can prescribe drugs for a variety of illnesses, pharmaceutical companies are not allowed to market their drugs for non FDA-approved uses.  But, apparently this is occurring anyway.

Because the off-label prescriptions were subsidized by Medicaid, the state is seeking damages from Eli Lilly & Co..

Utah is the eighth state to file such a Medicaid lawsuit against the company, Stallard said.

In response to the lawsuits, Eli Lilly spokesman Phil Belt said he was unfamiliar with the lawsuit and could not comment on it specifically. He stated that the company has training and compliance programs in place to ensure that all of its products are marketed appropriately and sold accordingly.

Utah has paid $65 million for the 12,000 Medicaid patients prescribed Zyprexa since 1996, said Stallard, who works in the Attorney General's Medicaid fraud control unit.

"By dollar volume, Utah Medicaid paid more for Zyprexa than any other drug since 2001," he said. "They've used it much more broadly than it was ever intended. Because of the risks, it shouldn't have been used that broadly."

Of the 250,000 prescriptions written for the drug among Utah Medicaid patients, it's unknown how many of those were actually for off-label uses. Currently however, the state is studying the percent to calculate an accurate finding.

"Utah has paid millions of dollars for inappropriate and medically unnecessary doses of Zyprexa. As a result, Eli Lilly & Co. has been illegally enriched at the expense of the state," the 3rd District Court lawsuit said.

Currently, Utah is seeking civil damages and penalties, including $5,000-$10,000 for each prescription that was "not medically necessary."

If you or a loved one has been injured by the use of Zyprexa, call a personal injury attorney at Jim S. Adler & Associates for help.  Call 713-777-4000 today! The firm offers a free case review.

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