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IN RE ZYPREXA PRODUCTS LIABILITY LITIGATION

No. 04-MD-01596 (JBW), No. 05-CV-01549 (JBW), No. 05-CV-01455 (JBW).

375 F.Supp.2d 170 (2005)

In re: ZYPREXA PRODUCTS LIABILITY LITIGATION State of Louisiana, ex rel. Charles C. Foti, Jr., Attorney General, Plaintiff, v. Eli Lilly and Company, Inc., et al., Defendants. Charles Foti, Attorney General, ex rel., State of Louisiana, Plaintiff, v. Eli Lilly and Company, Inc., et al., Defendants.

United States District Court, E.D. New York.

July 1, 2005.

Attorney(s) appearing for the Case

Jeffrey M. Bassett, Patrick C. Morrow, James P. Ryan, Morrow Morrow et al., Opelousas, LA, Kenneth W. DeJean, Office of Kenneth W. DeJean, Lafayette, LA, Michael A. London, Douglas & London, New York City, Robert L. Salim, Natchitoches, LA, for Plaintiff.

Samuel J. Abate, Jr., McCarter & English, LLP, New York City, Susanne M. Burstein, John F. Olinde, Peter J. Rotolo, Brent A. Talbot, Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P., New Orleans, LA, Nina M. Gussack, Matthew J. Hamilton, Andrew R. Rogoff, Pepper Hamilton LLP, Philadelphia, PA, for Defendants.

MEMORANDUM & ORDER

WEINSTEIN, Senior District Judge.

I. Introduction

These cases are brought by the state of Louisiana to obtain reimbursement for payments made with its own funds and federal funds in its Medicaid programs for Zyprexa, a drug manufactured by defendant, Eli Lilly and Company, Inc. ("Eli Lilly"). The drug was allegedly prescribed and used for "off-label" purposes — i.e., to treat diseases for which it was not primarily...

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