BOEHM v. ELI LILLY & CO.

No. 13-1350.

747 F.3d 501 (2014)

Timothy BOEHM, Plaintiff-Appellant v. ELI LILLY & COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 10, 2014.

Rehearing and Rehearing En Banc Denied April 15, 2014.


Attorney(s) appearing for the Case

Sidney W. Jackson, III , argued, Mobile, AL ( Richard N. Turbeville , Little Rock, AR, on the brief), for Plaintiff-Appellant.

Andrew E. Kantra , argued, Philadelphia, PA ( Lyn P. Pruitt , Little Rock, AR., Nina M. Gussack , Philadelphia, PA, on the brief), for Defendant-Appellee.

Before LOKEN, COLLOTON, and BENTON, Circuit Judges.


LOKEN, Circuit Judge.

Zyprexa (active ingredient olanzapine) is an "atypical" or "second generation" antipsychotic drug manufactured and sold by Eli Lilly & Company ("Lilly"). Timothy Boehm's doctors prescribed Zyprexa to treat his bipolar disorder from January 2003 until March 2007, when he developed symptoms later diagnosed as tardive dyskinesia ("TD") — an involuntary movement disorder long recognized as a side effect of antipsychotic drugs. Boehm brought...

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