Amanda Antell  |  October 21, 2014

Category: Legal News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

drug lawsuitEli Lilly & Co. is fighting back against a growing number of lawsuits accusing the drug maker of misleading consumers about the severity of Cymbalta withdrawal symptoms.

The pharmaceutical giant is attempting to stop a motion by plaintiffs to centralize 28 Cymbalta lawsuits in California, telling the U.S. Judicial Panel on Multidistrict Litigation (MDL) that the cases should remain individual and not proceed as a centralized Cymbalta MDL or mass tort.

Plaintiffs in the Cymbalta lawsuits claim the company withheld vital safety information about what can happen if patients attempt to stop taking Cymbalta. Hundreds of patients have reported severe Cymbalta withdrawal symptoms including “brain zaps” (electric-like sensations in the body and brain), nausea, vomiting, diarrhea, vertigo, dizziness, hot and cold flashes, insomnia, nightmares or more.

The Cymbalta lawsuits allege Eli Lilly misled consumers into believing that Cymbalta withdrawal only occurred in about 1% of patients — a figure displayed on Cymbalta’s drug label. Research indicates, however, that Cymbalta withdrawal occurs in as many as 44.83% to 50.8% of users.

In a September motion, Eli Lilly told the JPML that centralizing these Cymbalta withdrawal lawsuits would not be more convenient to the parties because the individual complications of the victims overtake the commonalities between the cases. This argument is based on the fact that part of the purpose of establishing a multidistrict litigation (MDL) is to make things as convenient as possible for both parties. Eli Lilly tried to argue that centralizing these Cymbalta withdrawal lawsuits would do the opposite.

Eli Lilly continued on by stating that the plaintiffs would have to present proof that their physicians had been unaware of the “well-recognized” risk of experiencing withdrawal symptoms after discontinuing antidepressants. This would be a “formidable task,” Eli Lilly said, adding that they would be shielded from the prompt deposition of physicians. This would result it prolonged litigation, not expedited as is the main goal of creating a Cymbalta MDL.

The company also argued that it would be better if the Cymbalta lawsuits were individually tried, because there are not enough to warrant the creation of a Cymbalta withdrawal MDL.

However, Cymbalta lawyers for the plaintiff side argue that these cases should be centralized because these lawsuits involve common questions of fact, including the Cymbalta withdrawal side effects the patients had suffered, and the allegations of negligence against Eli Lilly & Co. Furthermore, the plaintiffs argue that consolidating the cases would be convenient for the parties, due to high chances of duplicate discovery that may occur through individual trials, as well as inconsistent rulings.

The plaintiffs filed the motion for consolidation on Aug. 15, 2014; the plaintiffs’ Cymbalta lawyers intend to fight Eli Lilly’s challenge and see through the litigation process until the end. These Cymbalta withdrawal lawsuits have been filed across the country, including Maryland, Georgia, Louisiana, Florida and Pennsylvania, and California.

The suggested Cymbalta Withdrawal MDL name would be In re: Cymbalta Products Liability Litigation, MDL No. 2576, before the U.S. Judicial Panel on Multidistrict Litigation.

Overview: Cymbalta Withdrawal Complications

Cymbalta (Duloxetine) is a part of the serotonin norepinephrine reuptake inhibitor (SNRI) antidepressant family, and is manufactured by Eli Lilly. It is most commonly prescribed to treat major depression and generalized anxiety disorder (GAD) in adult patients. While Cymbalta is widely popular among patients and physicians alike, an increasing number of patients have reported suffering severe withdrawal symptoms after discontinuing the drug.

The injury report became so substantial that an FDA advisory committee released a detailed report in 2009 detailing the severity of Cymbalta withdrawal side effects, which were indicated to last for weeks and maybe even months. Cymbalta withdrawal side effects indicated in lawsuits include but are not limited to:

  • Severe nausea
  • Vomiting
  • Dizziness, light-headedness, vertigo
  • Headaches
  • Hot and cold flashes
  • Mood swings, anxiety, irritability, hostility
  • Nightmares
  • Brain “zaps” (electric-shock-like sensations in the brain)
  • Paresthesia (sensation of tingling, tickling, prickling, pricking, or burning of a person’s skin)
  • Tremors, shaking hands
  • Visual disturbances

In general, Cymbalta withdrawal lawsuits are filed individually by each plaintiff and are not class actions. Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

Learn More

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

Get Help – It’s Free

Join a Free Cymbalta Withdrawal Class Action Lawsuit Investigation

If you attempted to stop taking Cymbalta and suffered withdrawal symptoms, you may have a legal claim. See if you qualify by filling out the short form below.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.  

Oops! We could not locate your form.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.