June 30, 2008

Drugmaker Eli Lilly & Co., which makes synthetic insulin, was sued after a fatal crash in Prince George's County, Maryland, caused by a diabetic driver who hadn't followed her doctor's orders on the use of one of her drugs. The state's high court heard arguments earlier this month in the case. According to the Pacific Legal Foundation's amicus brief, summarized by PLF's Deborah La Fetra, the plaintiffs are trying to chip away at the learned intermediary doctrine by arguing that Lilly should have done more to warn the patient directly about the hazards of noncompliance, not just warned her doctor. (Update Sept. 10: court rules for Lilly on ground that there is no duty to third parties).