Barbara Anderman  |  September 30, 2014

Category: Legal News

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Cymbalta-lawsuits

A number of sufferers are filing Cymbalta lawsuits against Eli Lilly for failing to warn of the withdrawal risks, and are now seeking to centralize the cases before one judge through a multidistrict litigation (MDL).

The motion to transfer requested that all Cymbalta withdrawal symptom lawsuits be moved to the U.S. District Court of the Central District of California. It was filed with the U.S. Judicial Panel on Multidistrict Litigation on Aug. 15.

Close to 28 Cymbalta withdrawal lawsuits would be part of this transfer, all making similar allegations of Eli Lilly’s failure to warn of the risks and symptoms of quitting their medication. Plaintiffs are asking for the litigation to be centralized before U.S. District Judge George H. King or Stephen V. Wilson.

Lawsuits are often centralized into an MDL so that parties can reduce duplicative discovery, avoid varied decisions by different judges, and to serve the convenience of parties, witnesses, and the courts involved.

“The creation of an MDL for Cymbalta Withdrawal cases is appropriate because there are currently twenty-eight actions pending before twenty-two district courts and twenty-one federal district judges, each of which is in the pretrial stages of litigation,” the motion states.

“Indeed, given that the alleged withdrawal injuries at issue here affect at least 44 to 50 percent of Cymbalta consumers, it is likely that many hundreds of cases will be filed during the course of this litigation. This expected volume alone warrants an MDL,” it continues.

Cymbalta’s Side Effects and Lacking Label

Cymbalta (duloxetine) is part of a family of drugs known as selective serotonin and norepinephrine reuptake inhibitors (SNRIs), used for treating depression and anxiety disorders.

SNRIs, like Cymbalta, work by impacting serotonin and neural receptors, so it’s not surprising that there are side effects when quitting the drug.

However, as plaintiffs complain, Cymbalta’s label misrepresents the withdrawal impact, saying that symptoms occur in one to two percent of patients who “abruptly” discontinue use of the drug. Studies, like a 2012 report from the Institute for Safe Medication Practices (ISMP), show that number to be closer to 50 percent.

These Cymbalta withdrawal symptoms include thoughts of suicide, dizziness, anger, nervousness and insomnia. But this is not what the Cymbalta label says.

The current label states, “Never stop an antidepressant medicine without first talking to a healthcare provider. Stopping an antidepressant medicine suddenly can cause other symptoms.”

Plaintiffs say this is a far cry from a sufficient warning for the withdrawal risks. The ISMP agrees, noting that the Cymbalta label does not provide information about symptoms, potential severity and relevant information for discontinuing the medication. They also noted that literature provided to doctors did not include withdrawal risks as discussion points.

Considering withdrawal side effects have been reported since 2001, plaintiffs claim Eli Lilly has had more than sufficient time to improve the label.

In general, Cymbalta withdrawal lawsuits are filed individually by each plaintiff and are not class actions.

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