The federal judge in the Zyprexa litigation is asking Eli Lilly to settle legal claims and lawsuits arising out of its off-label marketing of Zyprexa as well as hiding its side effects. In his 291 page draft order Judge Jack Weinstein argued, “”There is sufficient evidence of fraud under RICO to go to a jury,” He added: “There is evidence that off-label use of Zyprexa was excessive and may have been encouraged by Lilly.”
While the order is not in final form, it is significant and will add pressure to settle the Zyprexa claims. It also is important regarding other pharmaceutical companies’ marketing techniques, especially the so-called off-label usage.