Chicago Injury Law Blog

Eli Lilly agreed to settle about 8,000 Zyprexa cases claiming the drug caused hyperglycemia and other blood sugar disorders in its users. The drug was improperly labeled prior to September, 2003, and failed to warn of these side effects. Eli Lilly set up a settlement trust of $690 million and will continue to defend those cases not involved in the settlement. Zyprexa is part of a class of drugs called atypical antipsychotics. Other drugs in the same class linked to blood sugar disorders include Geodon, Abilify, Risperdal, and Clozaril.

See related article here.

I've heard that the settlement amounts are based on what side effects the person had for taking Zyprexa. What is the amount for someone who started taking it in May 2001 and then was diagnosed with diabetes and low HDL Cholestrol in December 2002?

Those injured as a result of Zyprexa will be paid out of the settlement trust depending on the severity of their injury. The amount that you may receive out of the settlement depends upon your age and the type of diabetes you have. There are other factors that play into the final dollar amount, and you should contact an attorney to assist you with your claim.

ok. the settlement is 690 million, and the lawyers get 200 million that's more than we'll be getting as a matter of fact that's 62,500 dollars a piece or less.I've gain almost 1001bs from using this medication,theirs a lot of things i can't do anymore,and some people died from this medication come on 62,500 dollars be real thanx rm

I believe that you are confusing a class action and a mass tort settlement. In a class action, it is true that many times all the parties in the class action receive a similar award. However, the Zyprexa settlement involves a mass tort, meaning that there are many individual cases. The settlement may actually include small class actions in addition to the individual cases. Mass torts generally involve environmental and pharmaceutical liability claims.
The settlement is for about 80 percent of the individual cases pending nationwide. In this settlement, not all claimants receive the same amount of money. Awards are based on a 'matrix' that adjusts the amount of the award for each individual claimant. The matrix considers factors including but not limited to age, health history, and severity of injury. Therefore, a person who died from Zyprexa will receive considerably more from the settlement than say, someone who had a temporary increase in their blood sugar levels or weight gain.
You also are not bound by this settlement. You have to option to opt out of the settlement, and pursue your case separately.
In the end, the settlement provides an opportunity to be compensated relatively quickly, but you are not bound by it.
Thanks for your comment.

Here is an excerpt from the NY Times summing up the Zyprexa settlement:

"The settlement will cover 75 percent of all the
Zyprexa-related suits against Lilly in the United
States, according to the company, which said it would
continue to defend the other cases. After lawyers'
fees and costs, which will probably total more than
$250 million, the average plaintiff will receive about
$50,000 in the settlement. The settlement covers both
state and federal cases. Because the cases are being
settled individually, rather than collectively as part
of a class action, the settlement does not require
judicial approval."

Note that the average is $50,000 per person. More severe injuries will receive considerably more, and vice versa, based on each individual case.

Thank you, I just wanted to give a greeting and tell you I like your blog very much.

What about the drug risperdal? Is the settlement the same for risperdal claimants as it is for zyprexa claimants?